LB 


TH  E 


UtNERAL  SCHOOL  LAWS 


OF 


MICHIGAN 


COMPILED    UNDER    DIRECTION 
OF 


FRED   M.  WARNER 

SECRETARY  OF  STATE 

19O1 


UN 


STATE     PRINTERS 


GIFT  OF 


THE 


GENERAL  SCHOOL  LAWS 


OF 


MICHIGAN 


COMPILED     UNDER    DIRECTION    OF 

FRED  M.  WARNER 

SECRETARY  OF  STATE 


-i    A, 

|3  I  1 18 


LANSING 
WYNKOOP  HALLENBECK  CRAWFORD  CO.,  STATE  PRINTERS 

1901 


CONTENTS. 


CONSTITUTIONAL,  PROVISIONS  . 

Sections. 

Article  VIII.— State  Officers,  1-3 

Article  XIII.— Education,  4-15 

Article  XIV.— Finance  and  Taxation,  16 

STATUTORY  PROVISIONS. 
I. — Primary  School  System — 

(a) — Superintendent  of  Public  Instruction,  17-23 
(b) — Formation,  Alteration,  Meetings  and  Powers  of  Districts          24-43 

(c)— District  Board  and  Officers,  -     44-69 

(d)— Township  Officers,  70-91 

(e)— County  Clerk  and  Treasurer,  92-94 

(f )— Bonded  Indebtedness  of  Districts,  95-98 

(g)— Suits  and  Judgments  against  Districts,  -    99-105 

(h)— Sites  for  Schoolhouses,  106-120 

(i)  — Appeals  from  Action  of  Inspectors,        -  121-123 

(j)— Graded  School  Districts,  124-129 

(k)— Libraries,     -  130-142 

(1)  —Penalties  and  Liabilities,  143-152 
II. — Miscellaneous  Provisions  relative  to  Education  and  the  Schools — 

(a)— Free  Text  Books,  153-158 

(b) — Agricultural  College  Course,  159 

(c)— Kindergarten  Method,  160-163 

(d) — Teaching  of  Dangerous  Communicable  Diseases,  -            -    164-165 

(e) — Appropriation  for  the  Teaching  of  above,  166-167 

(f ) — Publication  of  the  Proceedings  of  Annual  School  Meeting,     168-169 

(g)— Purchase  and  Display  of  United  States  Flag,  170 

(h) — Returns  from  Incorporated  Institutions,  -      171 

(i)  —Teachers'  Certificate  from  U.  of  M.,  172 

(j)  —State  Teachers'  Certificates,  173-175 

III. — County  Commissioners  and  School  Examiners,  -        176-188 

IV. — Examination  of  Candidates  for  Admission  to  Agricultural  College,      189-190 

V.— Township  School  Districts  in  Upper  Peninsula,  191-206 

VI.— Teachers' Institutes,    -  207-214 

VII.— Compulsory  Education,     -  215-220 

VIII.— Miscellaneous  Offenses— Crime  and  Truancy.       -  221-223 

381335 


iv  CONTENTS. 


Sections. 

IX. — Powers,  Duties,  and  Officers  of  Townships — School  Inspectors,  •           224-228 

X. — Teachers'  Associations,  229-231 

XI.— State  Accounts— Safe  Keeping  of  Public  Moneys,  232-239 

XII.— State  Lauds— Apportionment  of  Dog  Tax,  240 

XIII.— State  Normal  Schools,    -  241-263 

XIV.— Legislation  of  1899— 

(a)— Name  of  Michigan  State  Normal  College,  264 

(b)— Normal  School  at  Marqnette,  265-270 

(c)— Loan  Funds  for  Students,  271-277 

(d) — State  Library  Commission,  -    278-282 

(e)— Day  Schools  for  the  Deaf,    -  283-288 
(f ) — Publication  and  Distribution  of  Laws  and  Public  Documents,  289-293 
XV.— Legislation  of  1901— 

(a)— Rural  High  Schools,  294-301 

(b)— Qualification  of  Kindergarten  Teachers,  302-304 

(c) — Commissioners  to  Transmit  List  of  Libraries,  305 

XVI. — Appendix. — Forms  for  Proceedings  under  the  School  Laws,  306-335 

NOTE:  The  Section  numbers  in  parentheses,  ( ),  are  Compiler's  Sections  and  are  consecutive 
throughout  this  compilation.  Section  numbers  of  the  Compiled  Laws  of  1897  precede  each  section 
and  are  indicated  by  the  Section  Mark,  (§).  Notes  following  the  Sections  indicate  the  Amendments, 
Supreme  Court  Decisions,  etc.,  Sec.  or  Section  the  section  of  the  law. 

COMP. 


GENERAL 

SCHOOL  LAWS  OF  MICHIGAN. 


CONSTITUTIONAL    PROVISIONS. 


ARTICLE  VIII. 

STATE    OFFICERS. 

(1.)    SECTION  1.    There  shall  be  elected  at  each  biennial  elec-  state  officers 
tion,  a  Secretary  of  State,  a  Superintendent  of  Public  Instruc-  ^  be  elected. 
tion,  a  State  Treasurer,  Commissioner  of  the  Land  Office,  an 
Auditor  General,  and  an  Attorney  General,  for  the  term  of 
two  years.    They  shall  keep  their  offices  at  the  seat  of  govern-  where  to  keep 
ment,  and  shall  perform  such  duties  as  may  be  prescribed  by  offices- 
law. 

(2.)    SEC.  2.    Their  term  of  office  shall  commence  on  the  first  Term  of  office. 
day  of  January,  one  thousand  eight  hundred  and  fifty -three, 
and  of  every  second  year  thereafter. 

(3.)    SEC.  3.    Whenever  a  vacancy  shall  occur  in  any  of  the  vacancy,  bow 
State  offices,  the  Governor  shall  fill  the  same  by  appointment,  filled> 
by  and  with  the  advice  and  consent  of  the  Senate,  if  in  session. 


ARTICLE  XIII. 

EDUCATION. 

(4.)    SECTION  1.    The  Superintendent  of  Public  Instruction  Duties  of 
shall  have  the  general  supervision  of  public  instruction,  and  |nt Spifbifc 
his  duties  shall  be  prescribed  by  law.  instruction. 

(5.)    SEC.  2.    The  proceeds  from  the  sales  of  all  lands  that  school  fund, 
have  been  or  hereafter  may  be  granted  by  the  United  States 
to  the  State  for  educational  purposes,  and  the  proceeds  of  all 
lands  or  other  property  given  by  individuals  or  appropriated 


;j  ^GENERAL    SCHOOL   LAWS. 


Escheats. 


Free  schools. 


Instruction 
conducted  in 
English 
language. 

District 
schools. 

When  de- 
prived of  pub- 
lic money. 


Election  of 
regents  of  the 
university. 


Vacancy,  how 
filled. 


Regents  a 
body  corpo- 
rate. 


President 
of  the 
university. 


University 
interest  fund. 


State  board  of 
education. 


by  the  State  for  like  purposes,  shall  be  and  remain  a  perpetual 
fund,  the  interest  and  income  of  which,  together  with  the 
rents  of  all  such  lands  as  may  remain  unsold,  shall  be  in- 
violably appropriated  and  annually  applied  to  the  specific 
objects  of  the  original  gift,  grant,  or  appropriation. 

(6.)  SEC.  3.  All  lands,  the  titles  to  which  shall  fail  from  a 
defect  of  heirs,  shall  escheat  to  the  State;  and  the  interest  on 
the  clear  proceeds  from  the  sales  thereof  shall  be  appropriated 
exclusively  to  the  support  of  primary  schools. 

(7.)  SEC.  4.  The  Legislature  shall,  within  five  years  from; 
the  adoption  of  this  constitution,  provide  for  and  establish  a 
system  of  primary  schools,  whereby  a  school  shall  be  kept 
without  charge  for  tuition,  at  least  three  months  in  each  year,, 
in  every  school  district  in  the  State;  and  all  instruction  in  said 
schools  shall  be  conducted  in  the  English  language. 

(8.)  SEC.  5.  A  school  shall  be  maintained  in  each  school  dis- 
trict at  least  three  months  in  each  year.  Any  school  district 
neglecting  to  maintain  such  school  shall  be  deprived  for  the- 
ensuing  year  of  its  proportion  of  the  income  of  the  primary 
school  fund,  and  of  all  funds  arising  from  taxes  for  the  sup- 
port of  schools. 

(9.)  SEC.  6.  There  shall  be  elected  in  the  year  eighteen  hun- 
dred and  sixty-three,  at  the  time  of  the  election  of  a  Justice  of 
the  Supreme  Court,  eight  Regents  of  the  University,  two  of 
whom  shall  hold  their  office  for  two  years,  two  for  four  years,, 
two  for  six  years,  and  two  for  eight  years.  They  shall  enter 
upon  the  duties  of  their  office  on  the  first  of  January  next  suc- 
ceeding their  election.  At  every  regular  election  of  a  Justice 
of  the  Supreme  Court  thereafter,  there  shall  be  elected  two 
Regents,  whose  terms  of  office  shall  be  eight  years.  When  a 
vacancy  shall  occur  in  the  office  of  Regent,  it  shall  be  filled  by 
appointment  of  the  Governor.  The  Regents  thus  elected  shall 
constitute  the  Board  of  Regents  of  the  University  of  Michigan. 

(10.)  SEC.  7.  The  Regents  of  the  University,  and  their  suc- 
cessors in  office,  shall  continue  to  constitute  the  body  corpo- 
rate known  by  the  name  and  title  of  "The  Regents  of  the- 
University  of  Michigan." 

(1.1.)  SEC.  8.  The  Regents  of  the  University  shall,  at  their 
first  annual  meeting,  or  as  soon  thereafter  as  may  be,  elect  a 
president  of  the  University,  who  shall  be  ex  officio  a  member 
of  their  board,  with  the  privilege  of  speaking,  but  not  of 
voting.  He  shall  preside  at  the  meetings  of  the  Regents,  and 
be  the  principal  executive  officer  of  the  University.  The 
Board  of  Regents  shall  have  the  general  supervision  of  the 
University,  and  the  direction  and  control  of  all  expenditures 
from  the  University  interest  fund. 

(12.)  SEC.  9.  There  shall  be  elected  at  the  general  election 
in  the  year  one  thousand  eight  hundred  and  fifty-two,  three 
members  of  the  State  Board  of  Education;  one  for  two  years, 
one  for  four  years,  and  one  for  six  years;  and  at  each  sue- 


GENERAL    SCHOOL   LAWS. 


ceeding  biennial  election  there  shall  be  elected  one  member 

of  such  board,  who  shall  hold  his  office  for  six  years.    The  supermtend- 

Superintendent  of  Public  Instruction  shall  be  ex  officio  a 

member  and  secretary  of  such  board.    The  board  shall  have 

the  general  supervision  of  the  State  Normal  School,  and  their 

duties  shall  be  prescribed  by  law. 

(13.)     SEC.  10.     Institutions  for  the  benefit  of  those  in-  Asylums, 
habitants  who  are  deaf,  dumb,  blind,  or  insane,  shall  always 
be  fostered  and  supported. 

(14.)  SEC.  11 .  The  Legislature  shall  encourage  the  promo-  Agricultural 
tion  of  intellectual,  scientific,  and  agricultural  improvement;  sc 
and  shall,  as  soon  as  practicable,  provide  for  the  establish- 
ment of  an  agricultural  school.  The  legislature  may  appro- 
priate the  twenty-two  sections  of  salt  spring  lands  now  un- 
appropriated, or  the  money  arising  from  the  sale  of  the  same, 
where  such  lands  have  already  been  sold,  and  any  lands 
which  may  hereafter  be  granted  or  appropriated  for  such  pur- 
pose, for  the  support  and  maintenance  of  such  school,  and 
may  make  the  same  a  branch  of  the  University,  for  instruc- 
tion in  agriculture  and  the  natural  sciences  connected  there- 
with, and  place  the  same  under  the  supervision  of  the  Re- 
gents of  the  University. 

(15.)     SEC.  12.    The  Legislature  shall  also  provide  for  the  Libraries, 
establishment  of  at  least  one  library  in  each  township  and 
city;  and  all  fines  assessed  and  collected  in  the  several  coun-  penal  fines  to 
ties  and  townships  for  any  breach  of  the  penal  laws,  shall  be  b< 
exclusively  applied  to  the  support  of  such  libraries,  unless 
otherwise  ordered  by  the  township  board  of  any  township 
or  the  board  of  education  of  any  city:    Provided,  That  in  no  proviso, 
case  shall  such  fines  be  used  for  other  than  library  or  school 
purposes. 

ARTICLE  XIV. 

FINANCE    AND    TAXATION. 

(16.)    SECTION  1.    All  specific  State  taxes,  except  those  re-  specific 
ceived  from  the  mining  companies  of  the  upper  peninsula,  ta 
shall  be  applied  in  paying  the  interest  upon  the  primary 
school,  university,  and  other  educational  funds,  and  the  in- 
terest and  principal  of  the  State  debt,  in  the  order  herein 
recited,  until  the  extinguishment  of  the  State  debt,  other 
than  the  amounts  due  to  educational  funds,  when  such  spe- 
cific taxes  shall  be  added  to  and  constitute  a  part  of  the 
primary  school  interest  fund.    The  Legislature  shall  provide  Tax  for  state 
for  an  annual  tax,  sufficient  with  other  resources,  to  pay  exper 
the  estimated  expenses  of  the  State  government,  the  interest 
of  the  State  debt,  and  such  deficiency  as  may  occur  in  the 
resources. 


GENERAL   SCHOOL  LAWS. 


STATUTORY    PROVISIONS. 


THE  PEIMAEY  SCHOOL  SYSTEM. 

An  Act  to  revise  and  consolidate  the  laws  relating  to  PUBLIC  INSTRUCTION 
AND  PRIMARY  SCHOOLS,  and  to  repeal  all  statutes  and  acts  contravening 
the  provisions  of  this  act. 

[Act  164,  1881.] 
THE   SUPERINTENDENT   OF   PUBLIC   INSTRUCTION. 

Powers  and  (17.)  §  4639.  SECTION  1.  The  People  of  the  State  of  Michigan 
enact,  That  the  superintendent  of  public  instruction  shall  have 
general  supervision  of  public  instruction  and  of  all  state  insti- 
tutions, other  than  the  university,  that  are  essentially  educa- 
tional in  their  character,  and  it  shall  be  his  duty,  among  other 
things,  to  visit  the  university,  the  agricultural  college,  the  in- 
stitution for  the  deaf  and  dumb,  the  school  for  the  blind,  the 
reform  school,  the  reform  school  for  girls,  and  the  public 
school  for  dependent  and  neglected  children,  and  to  meet  with 
the  governing  boards  of  each  of  said  institutions  at  least  once 
TO  make  in  each  year.  He  shall  also  prepare  annually,  and  transmit 
t-  to  the  governor,  to  be  by  him  transmitted  to  the  legislature  at 

each  biennial  session  thereof,  a  report  containing: 

contents  of.  First,  A  statement  of  the  condition  of  the  university  and  of 
each  of  the  several  state  educational  institutions,  all  incor- 
porated institutions  of  learning,  and  the  primary,  graded,  and 
high  schools; 

Second,  Estimates  and  amounts  of  expenditures  of  all  edu- 
cational funds; 

Third,  Plans  for  the  management  of  all  educational  funds, 
and  for  the  better  organization  of  the  educational  system,  if, 
in  his  opinion,  the  same  be  required; 

Fourth,  The  annual  reports  and  accompanying  documents, 
so  far  as  he  shall  deem  the  same  of  sufficient  public  interest, 
of  all  state  institutions  of  educational  character; 

Fifth,  Abstracts  of  the  annual  reports  of  the  school  inspect- 
ors of  the  several  townships  and  cities  of  the  state; 

Sixth,  All  such  other  matter  relating  to  his  office  and  the 
subject  of  education  generally  as  he  shall  deem  expedient  to 
communicate. 

As  to  superintendents  of  public  instruction,  see  Chapter  116,  C.  L.  1897 ; 
Const,  xiii,  1. 


Deputy  super-  (18.)  §  4640.  SEC.  2.  He  may  appoint  a  deputy  superintend- 
ent of  public  instruction  and  revoke  such  appointment  in  his 
discretion,  and  such  deputy  shall  take  the  constitutional  oath 


GENERAL   SCHOOL   LAWS. 


of  office,  which,  with  his  appointment,  shall  be  filed  with  the 
secretary  of  state.    Said  deputy  may  execute  the  duties  of  the  Duties  of. 
office  in  case  of  a  vacancy  or  the  absence  of  the  superintendent. 

(19.)    §4641.    SEC.  3.    The  superintendent  of  public  instruc- school  laws  to 
tion  shall  compile  and  cause  to  be  printed  all  general  laws  re-  andpSislfed 
lating  to  schools,  together  with  all  necessary  forms,  regula-  Jjjf forms' 
tions,  and  instructions  for  conducting  all  proceedings  under 
said  laws,  or  relative  to  the  organization  and  government  of 
the  schools,  including  rules  and  regulations  for  the  manage- 
ment of  township  and  district  libraries,  and  he  shall  transmit 
the  same  to  the  several  officers  intrusted  with  the  care  and 
management  of  said  schools. 

(20.)    §  4642.    SEC.  4.    He  shall  semi-annually,  on  receiving  Apportion- 
notice  from  the  auditor  general  of  the  amounts  thereof,  and  p^iSkry 
between  the  first  and  tenth  days  of  May  and  November,  appor-  f£°o1  f und' 
tion  the  primary  school  interest  fund  among  the  several  town- 
ships and  cities  of  the  state,  in  proportion  to  the  number  of 
children  in  each  between  the  ages  of  five  and  twenty  years,  as 
the  same  shall  appear  by  the  reports  of  the  several  boards  of 
school  inspectors  made  to  him  for  the  school  year  closing 
prior  to  the  May  apportionment  and  shall  prepare  a  state- 
ment of  the  amount  in  the  aggregate  payable  to  each  county, 
and  shall  deliver  the  same  to  the  auditor  general,  who  shall  warrant  for, 
thereupon  draw  his  warrant  upon  the  state  treasurer  in  favor  h( 
of  the  treasurer  of  each  county  for  the  amount  payable  to  each 
county.    He  shall  also  send  written  notices  to  the  clerks  of  the  Notice  to 
several  counties  of  the  amount  in  the  aggregate  to  be  dis-  C( 
bursed  in  their  respective  counties,  and  the  amount  payable 
to  the  townships  and  cities  therein  respectively. 

Am.  1885,  Act  202.     Moiles  v.  Watson,  60  /  417. 

(21.)     §  4643.     SEC.   5.     Whenever  the  returns  from  any  proceedings 
county,  township,  city,  or  district,  upon  which  a  statement  of  defective 
the  amount  to  be  disbursed  or  paid  to  any  such  county,  town-  returns, 
ship,  city,  or  district  shall  be  so  far  defective  as  to  render  it 
impracticable  to  ascertain  the  share  of  primary  school  interest 
fund  which  ought  to  be  disbursed  or  paid  to  such  county,  town- 
ship, city,  or  district,  he  shall  ascertain  by  the  best  evidence  in 
his  power  the  facts  upon  which  the  ratio  of  such  apportion- 
ment shall  depend,  and  shall  make  the  apportionment  accord- 
ingly. 

(22.)    §  4644.    SEC.  6.    Whenever  any  county,  township,  city,  when  defi- 
or  district,  through  failure  or  error  in  making  the  proper  re-  ap^&oned*6 
port,  shall  fail  to  receive  its  share  of  the  primary  school  inter-  the  next  year, 
est  fund,  the  superintendent  of  public  instruction,  upon  satis- 
factory proof  that  said  county,  township,  city,  or  district  was 
justly  entitled  to  the  same,  shall  apportion  such  deficiency  in 
his  next  apportionment;  and  whenever  it  shall  appear  to  the 
satisfaction  of  said  superintendent  that  any  district  has  had 
three  months'  school,  but  failed  to  have  the  full  time  of  school 


GENERAL    SCHOOL   LAWS. 


required  by  law,  through  no  fault  or  negligence  of  the  district 
or  its  officers,  he  may  include  such  district  in  his  apportion- 
ment of  the  primary  school  interest  fund  in  his  discretion. 

Moiles  v.  Watson,  60  /  417. 

other  duties  (23.)  §4645.  SEC.  7.  The  superintendent  of  public  instruc- 
tenStnn  tion  shall  perform  such  other  duties  as  are  or  shall  be  re.- 
quired  of  him  by  law,  and  at  the  expiration  of  his  term  of 
office  deliver  to  his  successor  all  property,  books,  documents, 
maps,  records,  reports,  and  all  other  papers  belonging  to  his 
office,  or  which  may  have  been  received  by  him  for  the  use  of 
his  office. 


FORMATION,  ALTERATION,  MEETINGS,  AND  IPOWERS  OF  DISTRICTS. 

inspectors  to        (24.)     §  4f>4f>.    SECTION  1.    The  township  board  of  school  in- 

3*  spectors  shall  divide  the  township  into  such  number  of  school 

districts  as  may  from  time  to  time  be  necessary,  which  dis- 

May  alter        tricts  thev  shall  number,  and  they  mav  regulate  and  alter  the 

boundaries  of .  ,  j      •  *        -  j_i  ,  i 

boundaries  of  the  same  as  circumstances  shall  render  proper; 
and  each  district  shall  be  composed  of  contiguous  territory, 
and  be  in  as  compact  a  form  as  may  be, 

Am.  1901,  Act  37. 

On  the  subject  of  primary  schools,  see  chapter  116,  C.  L.  1897. 

PRIMARY  SCHOOL  SYSTEM:  The  whole  primary  school  system  was 
confided  by  the  constitution  to  the  legislature  and  it  cannot  be  said  that  the 
officers  of  school  districts,  chosen  pursuant  to  the  system  adopted  by  the 
legislature,  are  constitutional  officers. — Belles  v.  Burr,  76  /  11.  The  constitu- 
tion of  1850  left  to  the  legislature,  as  did  the  preceding  constitution,  the  estab- 
lishment of  a.  system  of  primary  schools,  restricting  the  legislature  only  by 
providing  that  a  school  shall  be  kept,  without  charge  for  tuition,  at  least 
three  months  in  each  year,  and  that  all  instruction  shall  be  conducted  in  the 
English  language.  All  other  matters  seem  to  be  within  the  discretion  of  the 
legislature. — Perrizo  v.  Kesler,  93  /  283  :  People  v.  Hewlett.  94  /  168  :  Pingree  v. 
Board  of  Education,  99  /  408.  Our  primary  school  system  is  the  pride  of  the 
state. — People  v.  Hewlett,  94  /  169. 

FORMATION  OF  DISTRICTS :  The  township  board  of  school  inspectors 
is  authorized  to  divide  the  township  into  such  number  of  school  districts  as 
they  may  consider  necessary  from  time  to  time,  and  may  regulate  and 
alter  the  boundaries  of  the  same  as  circumstances  shall  render  proper, 
subject  to  certain  restrictions. — Doxey  v.  Sch.  Inspectors.  67  /  603  :  Brody  v. 
Penn.  Twp.  Board.  32  /  273  ;  Sch.  Dist.  v.  Sch.  Dist..  81  /  343  ;  Simpkins  v. 
Ward,  45  /  561.  See  Briggs  v.  Borden,  71  /  89-90.  They  may  dissolve  a  school 
district  and  annex  it  to  another. — People  v.  Davidson,  2  Doug.  121  :  Brewer  v. 
Palmer,  13  /  107.  When  two  districts  are  annexed  without  any  other,  change 
in  their  boundaries,  the  mere  fact  that  one  number  is  preferred  to  another 
does  not  change  the  real  character  of  the  annexation. — Brewer  v.  Palmer, 
13  /  109.  When  one  district  is  annexed  to  another,  its  corporate  existence 
ceases  and  it  cannot  be  sued  for  debts  :  the  new  district  must  be  held  respon- 
sible for  them. — Id.  But  when  a  district  is  parceled  out  among  several 
other  districts,  the  latter  cannot  be  held  jointly  liable  for  the  debts  of  the 
former ;  whatever  they  are  bound  to  pay  is  a  several  and  not  a  joint  obliga- 
tion.— Halbert  v.  Sch.  Dists.,  36  /  421.  But  the  inspectors  cannot  change 
a  district  formed  by  special  act  of  the  legislature. — Sch.  Dist.  v.  Dean.  17  /  223. 
The  organization  of  a  new  township  severs  its  territory  from  the  school 
district  within  which  it  was  formerly  embraced. — People  v.  Ryan,  19  /  203. 
See  Section  4654. 

INTEREST  OF  INSPECTORS  :  Where  the  interest  of  the  inspectors  in 
the  formation  of  a  school  district  is  no  greater  than  that  of  other  tax- 
payers and  residents,  they  are  not  disqualified  from  acting. — Clement  v. 
Everest,  29  /  19.  The  interest  which  disqualifies. — Stockwell  v.  White  Lake 
Twp.  Board,  22  /  341  ;  Peninsular  Ry.  Co.  v.  Howard.  20  /  18. 

QUESTIONING  REGULARITY :  The  regularity  of  the  proceedings  for  the 
formation  of  a  district  and  the  existence  of  it  cannot  be  questioned  collater- 
ally, but  only  in  direct  proceedings. — Clement  v.  Everest,  29  /  19.  See  Sch. 
Dist.  v.  Inspectors,  27  /  3  ;  Stuart  v.  Sch.  Dist.,  30  /  69  ;  Lord  v.  Every,  38  /  405  ; 
Bird  v.  Perkins,  33  /  30  ;  Stockle  v.  Silsbee,  41  /  621 ;  Keweenaw  Ass'n  v.  Sch. 


GENERAL   SCHOOL  LAWS. 


Dist.,  98  /  437.  The  legality  of  the  organization  and  existence  of  the  district 
•cannot  be  tested  by  certiorari. — Jaquith  y.  Hale,  31  /  430.  Certiorari  to  review 
the  proceedings  in  organizing  a  district  will  not  lie  after  the  district  Is 
actually  organized  and  has  assumed  the  functions  of  a  corporation ;  its 
corporate  existence  must  then  be  tested  by  quo  warranto. — Sch.  Dist.  v. 
Inspectors,  27  /  3  ;  People  v.  Gartland,  75  /  143.  But  there  should  be  some 
special  and  extraordinary  reason  to  justify  interference  by  quo  warranto 
with  the  organization  of  a  school  district,  as  the  statutes  provide  a  speedier 
remedy  by  an  appeal  from  the  district  board  to  the  township  board. — Lord  v. 
Every,  38  /  405.  And  the  supreme  court  will  not  meddle  with  the  concerns 
of  school  districts,  on  mandamus,  except  on  things  of  substance. — Sch.  Dist.  v. 
Riverside  Twp.,  67  /  406. 

(25.)     §  4647.     SEC.  2.     Whenever  the  board  of  school  in-  Township 
«pectors  of  any  township  shall  form  a  school  district  therein, 
it  shall  be  the  duty  of  the  clerk  of  such  board  to  deliver  to  a 
taxable  inhabitant  of  such  district  a  notice  in  writing  of  the 
formation   of   such   district,   describing  its  boundaries,   and 
specifying  the  time  and  place  of  the  first  meeting,  which 
notice,  with  the  fact  of  such  delivery,  shall  be  entered  upon 
record  by  the  clerk.    The  said  notice  shall  also  direct  such  in-  inhabitants  to 
habitant  to  notify  every  qualified  voter  of  such  district,  either  firstm^ethfg°f 
personally  or  by  leaving  a  written  notice  at  his  place  of  resi- 
dence, of  the  time  and  place  of  said  meeting,  at  least  five  days 
before  the  time  appointed  therefor;  and  it  shall  be  the  duty  of 
such  inhabitant  to  notify  the  qualified  voters  of  said  district 
accordingly,  and  said  inhabitant,  when  he  shall  have  notified 
the  qualified  voters  as  required  in  such  notice,  shall  endorse  Return  of 
thereon  a  return,  showing  such  notification  with  the  date  or  n( 
dates  thereof,  and  deliver  such  notice  and  return  to  the  chair-  Notice  and 
man  of  the  meeting,  to  be  by  him  delivered  to  the  director  Je!Jordetd.be 
chosen  at  such  meeting,  and  by  said  director  recorded  at 
length  as  a  part  of  the  records  of  such  district. 

NOTICE :  The  board  of  school  inspectors  may  under  one  notice,  at  one 
meeting,  by  separate  action,  detach  lands  from  separate  school  districts 
and  attach  them  to  one  district. — Doxey  v.  School  Inspectors,  67  /  601.  Irreg- 
ularity in  notice. — Parman  v.  Inspectors,  49  /  63.  See  Roeser  v.  Gartland, 
75  /  144. 

RECORDS  :     Importance  of. — Sch.  Dist.  v.  Snell,  24  /  352. 

(26.)    §  4648.    SEC.  3.    In  case  the  inhabitants  of  any  district  proceedings  m 
shall  fail  to  organize  the  same  in  pursuance  of  such  notice  as  fooerganSeUre 
aforesaid,  the  said  clerk  shall  give  a  new  notice  in  the  manner  district, 
hereinbefore  provided,  and  the  same  proceedings  shall  be  had 
thereon  as  if  no  previous  notice  had  been  delivered. 

(27.)    §  4649.    SEC.  4.    Whenever  it  shall  be  necessary  or  con-  Formation  of 
venient  to  form  a  district  from  two  or  more  adjoining  town- 
ships,  the  inspectors,  or  a  majority  of  them,  of  each  of  such 
adjoining  townships,  may  form  such  district,  to  be  designated 
as  a  fractional  district,  and  direct  which  township  clerk  shall 
make  and  deliver  the  notice  of  the  formation  of  the  same  to  a 
taxable  inhabitant  thereof,  and  may  regulate  and  alter  such 
district  as  circumstances  may  render  necessary  in  the  sameTowhom 
manner  that  other  districts  are  altered.    The  annual  reports  director  of 
of  the  director  of  such  district  shall  be  made  to  the  inspectors  Sau  report? 


GENERAL   SCHOOL  LAWS. 


of  the  township  in  which  the  school-house  may  be  situated, 
and  the  inspectors  of  such  township  shall  number  said  district, 

Saginaw  Twp.  v.  Sch.  Dist.,  9  /  544  ;  Brewer  v.  Palmer,  13  /  109. 


when  district  (28.)  §  4650.  SEC.  5.  Every  such  school  district  shall  be 
fzed?  ed  °rgan"  deemed  duly  organized  when  any  two  of  the  officers  elected  at 
the  first  meeting  shall  have  filed  their  acceptances  in  writing 
with  the  director,  and  the  same  shall  have  been  recorded  in 
presumption  .  the  minutes  of  such  first  meeting.  Every  school  district  shall, 
in  all  cases,  be  presumed  to  have  been  legally  organized  when 
it  shall  have  exercised  the  franchises  and  privileges  of  a  dis- 
trict for  the  term  of  two  years;  and  such  school  district  and 
its  officers  shall  be  entitled  to  all  the  rights,  privileges,  and 
immunities,  and  be  subject  to  all  the  duties  and  liabilities  con- 
ferred upon  school  districts  by  law. 


Organization 
of  districts. 


Director's 

meetingftobe 
evidence. 


PRESUMPTION  OF  LEGAL  ORGANIZATION:  When  a  district  has  ex- 
ercised  the  franchises  and  privileges  of  a  school  district  for  over  two  years, 
it  is  too  late  to  question  the  legality  of  its  organization.  —  Sch.  Dist.  v.  Sch, 
Dist.,  63  /  56  ;  Sch.  Dist.  v.  Sch.  Dist.,  81  /  343.  The  same  rule  which  recognizes 
the  right  of  officers  de  facto  recognizes  corporations  de  facto.  —  Clement  v. 
Everest,  29  /  23.  In  public  affairs,  when  the  people  have  organized  them- 
selves under  color  of  law  into  the  ordinary  municipal  bodies,  and  have  gone 
on  year  after  year  raising  taxes,  making  improvements  and  exercising  their 
usual  franchises,  their  rights  are  properly  regarded  as  depending  quite  as 
much  on  the  acquiescence  as  on  the  regularity  of  their  origin,  and  no  ex 
post  facto  inquiry  can  be  permitted  to  undo  their  corporate  existence.  — 
People  v.  Maynard,  15  /  470.  As  to  questioning  the  regularity  of  organization, 
etc.,  see  note  to  Section  4646. 

(29.)  §  4651.  SEC.  6.  The  record  of  the  first  meeting  made 
by  the  directors  shall  be  prima  facie  evidence  of  the  facts 
therein  set  forth,  and  of  the  legality  of  all  proceedings  in  the- 
organization  of  the  district  prior  to  the  first  district  meeting; 
but  nothing  in  this  section  contained  shall  be  so  construed  as 
to  impair  the  effect  of  the  record  kept  by  the  school  inspectors,. 
as  evidence. 


CORPORATE  POWERS  OF  DISTRICTS. 


school  district  (30.)  §  4652.  SEC.  7.  Every  school  district  organized  in 
pursuance  of  this  chapter,  or  which  has  been  organized  and 
continued  under  any  previous  law  of  the  state  or  territory  of 
Michigan,  shall  be  a  body  corporate,  and  shall  possess  the 
usual  powers  of  a  corporation  for  public  purposes,  by  the 
name  and  style  of  "school  district  number (such  num- 
ber as  shall  be  designated  in  the  formation  thereof  by  the  in- 
spectors), of"  (the  name  of  the  township  or  townships  in  which 
the  district  is  situated),  and  in  that  name  shall  be  capable  of 
suing  and  being  sued,  of  contracting  and  being  contracted 
with,  and  of  holding  such  real  and  personal  estate  as  is  au- 
thorized to  be  purchased  by  the  provisions  of  law,  and  of  sell- 
ing the  same. 


Name  and 
style. 


Powers  of. 


CORPORATE   POWERS  :     The  school   district,   under  our  statutes,   is  a  cor- 
poration,  and,   as   such   corporation,    is   represented  by   three  officers :   a  moder 


GENERAL   SCHOOL  LAWS. 


ator,  director  and  assessor.  The  affairs  of  the  district  are  managed  and 
controlled  by  them,  under  certain  restrictions. — Sch.  Dist.  v.  Sch.  Dist.,  63  /  57. 
A  school  district  can  take  and  hold  bequests  of  money  for  the  maintenance 
of  a  public  library  for  the  use  and  benefit  of  the  residents  of  the  district. — 
Maynard  v.  Woodard,  36  /  423.  School  districts,  like  townships  and  coun- 
ties, are  subdivisions  of  the  state.  This  section  gives  them  the  capacity  to 
sue  and  be  sued. — Van  Wert  v.  Sch.  Dist.,  100  /  333.  School  districts  are 
municipal  corporations. — Seeley  v.  Board  of  Ed.,  39  /  486  ;  Sch.  Dist.  v.  Gage, 
39  /  484  ;  Belles  v.  Burr,  76  /  1.  And  cannot  be  garnisheed  even  by  its  own 
consent,  unless  the  debtor  also  consents. — Id.  They  preceded  the  constitu- 
tion (Stuart  v.  Sch.  Dist.,  30  /  69),  and  were  recognized  by  that  instrument. 
—Belles  v.  Burr,  76  /  11. 

ALTERATION  OF  DISTRICTS. 

(31.)     §  4653.     SEC.  8.     Whenever  the  board  of  school  in-  Alterations  of 
spectors  shall  contemplate  an  alteration  of  the  boundaries  of  dtetrict^by^ 
a  district,  the  township  clerk  (and  for  meetings  of  boards  to  insPectors- 
act  in  relation  to  fractional  districts,  clerks  of  the  several 
townships  interested)  shall  give  at  least  ten  days'  notice  of 
the  time  and  place  of  the  meeting  of  the  inspectors,  and  the  al- 
teration proposed,  by  posting  such  notice  in  three  public 
places  in  the  township  or  townships,  one  of  which  notices  shall 
be  in  each  of  the  districts  that  may  be  affected  by  such  alter- 
ation.   Whenever  the  boards  of  school  inspectors  of  more  than 
one  township  meet,  they  shall  elect  one  of  their  number  chair- 
man, and  another  clerk  thereof. 

NOTICE  :  The  notice  required  is  jurisdictional  and  indispensable. — Coulter  Alteration  of 
v.  Inspectors,  59  /  391 ;  Sch.  Dist.  v.  Inspectors,  63  /  611  ;  Gentle  v.  Inspectors,  district. 
73  /  40  ;  Graves  v.  Inspectors,  102  /  635  ;  Passage  v.  Inspectors,  19  /  330  ;  Andress 
v.  Inspectors,  19  /  332.  Proof  of  the  posting  of  such  notice  should  be  filed 
with  the  clerk  of  the  board,  before  any  action  is  taken. — Coulter  v.  Inspect- 
ors, 59  /  391  ;  Sch.  Dist.  v.  Inspectors,  63  /  611  ;  Graves  v.  Inspectors,  102  /  635. 
Where  notice  is  not  given  the  filing  of  the  consent  of  a  majority  of  the 
resident  taxpayers  of  the  districts  affected  will  not  validate  the  action. — 
Gentle  v.  Inspectors,  73  /  40.  Notices  must  be  posted  in  each  township  af- 
fected by  the  alteration. — Sch.  Dist.  v.  Metcalf,  93  /  499.  The  object  of  the 
notice  is  to  enable  parties  interested  to  be  heard  before  any  action  is  taken. — 
Gentle  v.  Inspectors,  73  /  45  ;  Sch.  Dist.  v.  Metcalf,  93  /  499.  As  to  the  pro- 
vision in  the  former  law,  see  Sch.  Dist.  v.  Sch.  Dist.,  63  /  51. 

FRACTIONAL  DISTRICTS:  The  action  of  the  joint  boards  is  required  In 
case  of  fractional  districts. — Sch.  Dist.  v.  Sch.  Dist.,  81  /  343. 

(32.)     §  4654.    SEC.  9.    The  inspectors  may,  in  their  discre-  Powers  of 
tion,  detach  the  property  of  any  person  or  persons  from  one  a?teredisiricts. 
district  and  attach  it  to  another;  except  that  no  land  which 
has  been  taxed  for  building  a  school-house  shall  be  set  off 
into  another  school  district  for  the  period  of  three  years  there- 
after, except  by  the  consent  of  the  owner  thereof;  and  no  dis-  when  consent 
trict  shall  be  divided  into  two  or  more  districts  without  the 
consent  of  a  majority  of  the  resident  taxpayers  of  said  dis- 
trict, and  no  two  or  more  districts  be  consolidated  without 
the  consent  of  a  majority  of  the  resident  taxpayers  of  each 
district. 

People  v.  Davidson,  2  Doug.  121 :  Brewer  v.  Palmer,  13  /  104.  See  Sch. 
Dist.  v.  Dean,  17  /  223.  Gentle  v.  Sch.  Inspectors,  73  /  45. 

DISSOLVING  DISTRICT :  The  school  inspectors  have  power  to  alter 
boundaries  of  districts,  and  attach  or  detach  persons,  to  or  from  any  dis- 
trict ;  but  no  power  is  anywhere  granted  to  them  to  disband,  dissolve  or 
destroy  a  district,  save  as  restricted  under  this  section. — Briggs  v.  Borden, 
71  /  90.  As  intimated  in  Doxey  v.  Inspectors,  67  /  604,  the  school  inspectors 
have  no  authority  to  divide  up  a  district  and  destroy  it,  without  the  con- 
sent of  a  majority  of  the  resident  taxpayers ;  nor  can  they  destroy  it  by 

2 


10 


GENERAL   SCHOOL  LAWS. 


cutting  it  up  into  pieces  and  attaching  all  the  territory  to  other  districts 
without  such  consent. — Id.  The  terms  "dissolve"  and  "disband"  are  of 
similar  import  and  a  vote  taken  to  "disband"  is  supported  by  notice  of  a 
meeting  to  vote  upon  a  proposition  to  "dissolve." — Id. 

CONSENT  OF  OWNER :  Lands  taxed  within  three  years  for  building  a 
school-house,  not  to  be  set  off  into  another  district  without  the  consent  of 
the  owner. — Coulter  v.  Inspectors,  59  /  391. 

Persons  out  of  (33.)  §  4655.  SEC.  10.  The  inspectors  may  attach  to  a  school 
district  any  person  residing  in  a  township,  and  not  in  any  or- 
ganized district,  at  his  request;  and  for  all  district  purposes 
except  raising  a  tax  for  building  a  school-house,  such  person 
shall  be  considered  as  residing  in  such  district;  but  when  set 
off  to  a  new  district,  no  sum  shall  be  raised  for  such  person  as 
his  proportion  to  the  district  property. 

(34.)  §  4656.  SEC.  11.  In  all  cases  where  an  alteration  of 
the  boundaries  of  a  school  district  shall  be  made,  the  town- 
ship clerk  shall,  within  ten  days,  deliver  to  the  director  of 
each  district  affected  by  the  alteration  a  notice  in  writing,  set- 
ting forth  the  action  of  the  inspectors  and  defining  the  alter- 
ations that  have  been  made. 


Township 
clerk  to  give 
notice  of 
alteration 
in  districts. 


When  district 
is  divided, 
property  to  be 
apportioned. 


DIVISION  OF  PROPERTY. 

(35.)  §  4657.  SEC.  12.  When  a  new  district  is  formed,  in 
whole  or  in  part,  from  one  or  more  districts  possessed  of  a 
school-house,  or  entitled  to  other  property,  the  inspectors,  at 
the  time  of  forming  such  new  district,  or  as  soon  thereafter 
as  may  be,  shall  ascertain  and  determine  the  amount  justly 
due  to  such  new  district  from  any  district  out  of  which  it  may 
have  been  in  whole  or  in  part  formed,  as  the  proportion  of 
such  new  district,  of  the  value  of  the  school-house  and  other 
property  belonging  to  the  former  district,  at  the  time  of  such 
division;  and  whenever  by  the  division  of  any  district,  the 
school -house  or  site  thereof  shall  no  longer  be  conveniently 
located  for  school  purposes,  and  shall  not  be  desired  for  use 
by  the  new  district  in  which  it  may  be  situated,  the  school  in- 
spectors of  the  township  in  which  such  school-house  and  site 
shall  be  located,  may  advertise  and  sell  the  same,  and  appor- 
tion the  proceeds  of  such  sale,  and  also  any  moneys  belonging 
to  the  district  thus  divided,  among  the  several  districts 
erected  in  whole  or  in  part  from  the  divided  district. 

Saginaw  Twp.  v.  Sch.  Dist.,  9  /  541  ;  People  v.  Ryan,  19  /  203  ;  Ramsey  v. 
Everett  Twp.  Clerk,  52  /  344  ;  Sch.  Dist.  v.  Riverside  Twp.,  67  /  404. 

NEW  DISTRICT:  The  township  board  has  jurisdiction  of  appeals  from 
decisions  of  the  board  of  school  inspectors  fixing  the  amount  to  be  paid 
by  an  old  school  district  to  a  new  one.  where  the  latter  comprises  part  of 
the  same  territory  and  the  former  retains  the  school  property. — Pine  Sch. 
Dist.  v.  Wilcox,  48  /  404.  See  Section  4743  as  to  appeals.  Bill  to  prevent  the 
consummation  of  a  void  apportionment. — Sch.  Dist.  v.  Sch.  Dist.,  63  /  58. 
Bill  to  restrain  the  sale  of  the  school-house. — Briggs  v.  Borden,  71  /  87.  Upon 
the  formation  of  a  new  district  by  the  union  of  two  or  more,  the  new 
district  succeeds  to  the  credits  and  property  and  is  liable  for  the  debts  of 
the  old  ones. — Brewer  v.  Palmer,  13  /  104  ;  Halbert  v.  Districts,  36  /  421. 

HOW  proper-  (36.)  §4658.  SEC.  13.  Such  proportion  shall  be  ascertained 
and  determined  according  to  the  value  of  the  taxable  property 
of  the  respective  parts  of  such  former  district  at  the  time  of 


When  sclwol 
house  or  site  is 
not  needed, 
may  be  sold. 


Proceeds  of 
sale  to  be 
apportioned. 


GENERAL   SCHOOL  LAWS.  11 

the  division,  by  the  best  evidence  in  the  power  of  the  in- 
spectors; and  such  amount  of  any  debt  due  from  the  former 
district,  which  would  have  been  a  charge  upon  the  new,  had 
it  remained  in  the  former  district,  shall  be  deducted  from 
such  proportion :  Provided,  That  no  real  estate  thus  set  off,  Proviso, 
and  which  shall  not  have  been  taxed  for  the  purchase  or  build- 
ing of  such  school-house,  shall  be  entitled  to  any  portion 
thereof,  nor  be  taken  into  account  in  such  division  of  district 
property. 

DEBTS  OF  OLD  DISTRICTS:  Where  the  territory  of  a  school  district  is 
absorbed  by  other  districts,  the  statute  contemplates  that  the  township 
board  of  school  inspectors  shall  make  an  equitable  adjustment  of  property 
and  debts,  so  as  to  apportion  them  fairly  among  the  districts  which  have 
succeeded  to  the  jurisdiction  of  that  which  has  been  divided. — Halbert  v. 
Sch.  Districts,  36  /  42i.  Where  a  school  district  has  been  subdivided  and  other 
districts  set  off,  the  debts  of  the  original  district  cannot  be  parceled  out 
among  all  by  a  proceeding  in  the  courts,  so  as  to  give  creditors  a  remedy 
against  any  but  the  original  debtors. — Turnbull  v.  Alpena  Sch.  Dist.,  45  /  496  ; 
Maltz  v.  Board  of  Education,  41  /  547.  A  debt  once  existing  must  remain  a 
debt  against  the  corporation  that  created  it,  and  its  obligation  is  not  de- 
stroyed by  a  change  in  corporation  limits.  If  contribution  is  required,  it  must 
be  obtained  by  the  corporation  and  not  by  its  creditors,  unless  otherwise 
provided  by  law. — Turnbull  v.  Alpena  Sch.  Dist.,  45  /  499. 

DISTRICT   MEETINGS. 

(37.)     §  4659.  ,  SEC.  14.    The  annual  meeting  of  each  school  Annual  meet- 
district  shall  be  held  on  the  first  Monday  of  September  in  each 
year,  and  the  school  year  shall  commence  on  that  day:    Pro- 
vided,  That  any  school  district  that  shall  so  determine  at  an  Proviso, 
annual  meeting,  or  at  a  special  meeting  duly  called  for  that 
purpose,  may  hold  its  annual  meeting  on  the  second  Monday 
of  July  in  each  year,  or  in  the  same  manner  may  thereafter 
change  the  time  of  its  annual  meeting  to  the  first  Monday  in 
September  in  each  year,  and  the  trustees  and  officers  of  the 
district   shall   date  their  terms   of  office  from  the  date   so 
chosen,  and  until  their  successors  are  elected  and  qualified: 
Provided  further,  That  such  action,  in  either  case,  shall  not  Proviso, 
change  the  time  of  the  commencement  of  the  school  year,  or 
the  taking  of  the  annual  school  census. 

Farrell  v.  Sch.  Dist.,  98  /  45  ;  Johnston  v.  Mitchell,  120  /  589. 

(38.)     §  4660.     SEC.  15.     Special  meetings  may  be  called  by  special 
the  district  board;  and  it  shall  be  the  duty  of  said  board,  or  m 
any  one  of  them,  to  call  such  meetings  on  the  written  request 
of  not  less  than  five  legal  voters  of  the  district,  by  giving  the 
notice  required  in  the  next  succeeding  section;  but  no  special  when  may  not 
meeting  shall  be  called  unless  the  business  to  be  transacted  be  called' 
may  lawfully  come  before  such  meeting,  and  no  business  shall  Business  of,  to 
be  transacted  at  a  special  meeting  unless  the  same  be  stated 
in  the  notice  of  said  meeting. 

NOTICE  :  Liberal  rules  of  interpretation  must  be  applied  to  these  notices, 
and  if  they  be  such  as.  under  a  fair  construction,  to  give  notice  to  the 
electors  of  the  purpose  for  which  the  meetings  are  called,  they  must  be  held 
sufficient. — Peters  v.  Warren  Twp.,  98  /  55. 


12 


GENERAL  SCHOOL  LAWS. 


SPECIAL  MEETING:  In  order  to  constitute  a  legal  school  meeting,  the 
evidence  must  show  that  a  legal  petition  was  presented  and  a  legal  notice 
of  the  meeting  given. — Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402  ;  Johnston 
v.  Mitchell,  120  /  589. 


Notices  of 
meetings. 


Duty  of  dis- 
trict officer  to 
give. 


When  annual 
meeting  not 
illegal  for 
want  of. 


(39.)  §  4661.  SEC.  16.  All  notices  of  annual  or  special  dis- 
trict meetings,  after  the  first  meeting  has  been  held  as  afore- 
said, shall  specify  the  day  and  hour  and  place  of  meeting,  and 
shall  be  given  at  least  six  days  previous  to  such  meeting,  by 
posting  up  copies  thereof  in  three  of  the  most  public  places  in 
the  district,  one  copy  of  which  for  each  meeting  shall  be 
posted  at  the  outer  door  of  the  district  school-house,  if  there 
be  one;  and  in  case  of  any  special  meeting  called  for  the  pur- 
pose of  establishing  or  changing  the  site  of  a  school-house, 
such  notice  shall  be  given  at  least  ten  days  previous  thereto: 
Provided,  That  when  any  of  the  district  board  shall  receive 
a  request  to  call  a  special  meeting,  as  provided  in  the  pre- 
ceding section,  he  shall  forthwith  give  notice,  as  above  pro- 
vided, of  said  meeting,  which  shall  be  called  in  not  less  than 
six  nor  more  than  twelve  days  from  the  time  the  said  officer 
shall  receive  the  notice  aforesaid.  No  annual  meeting  shall  be 
deemed  illegal  for  want  of  due  notice,  unless  it  shall  appear 
that  the  omission  to  give  such  notice  was  wilful  and  fraud- 
ulent. 


Who  qualified 
to  vote  at 
school  meet- 
ings. 


Challenging 
voters. 


Schafer  v.  Sch.  Dist.  No.  1  of  Baraga,  116  /  206  ;  Johnston  v.  Mitchell,  120 
/  589. 

(40.)  §  4662.  SEC.  17.  Every  citizen  of  the  age  of  twenty- 
one  years,  who  has  property  assessed  for  school  taxes  in  any 
school  district,  and  who  has  resided  therein  three  months 
next  preceding  any  school  meeting  held  in  said  district,  or  who 
has  resided  three  months  next  preceding  such  meeting  on  any 
territory  belonging  to  such  district  at  the  time  of  holding 
said  meeting,  shall  be  a  qualified  voter  in  said  meeting  upon 
all  questions,  and  all  other  citizens  who  are  twenfy-one  years 
of  age,  and  are  the  parents  or  legal  guardians  of  any  children 
included  in  the  school  census  of  the  district,  and  who  have  for 
three  months  as  aforesaid,  been  residents  of  said  district  or 
upon  any  territory  belonging  thereto  at  the  time  of  holding 
any  school  meeting,  shall  be  entitled  to  vote  on  all  questions 
arising  in  said  district,  which  do  not  directly  involve  the  rais- 
ing of  money  by  tax. 

Am.  1895,  Act  15. 

QUALIFIED  VOTER :  See  Act  138  of  1893,  conferring  upon  women  the  right 
to  vote  for  all  "school,  village  and  city  officers,"  and  declared  unconstitu- 
tional in  Coffin  v.  Election  Com'rs,  97  /  189.  The  constitution  of  1835,  as  well 
as  that  of  1850,  in  terms  authorized  the  legislature  to  construct  a  primary 
school  system  and  for  years  antedating  the  present  constitution  the  legisla- 
ture construed  a  similar  provision  as  conferring  the  power  to  determine 
the  qualifications  of  voters  for  district  school  officers. — Coffin  v.  Election 
Com'rs,  97  /  193  ;  Belles  v.  Burr,  76  /  1.  The  election  of  members  of  a  board1 
of  education  at  the  annual  charter  election  does  not  make  such  an  election 
a  "school  district  meeting"  and  give  women  the  right  to  vote  thereat,  under 
the  provisions  of  this  section. — Mudge  v.  Stebbins,  59  /  165. 

(41.)  §  4663.  SEC.  18.  If  any  person  offering  to  vote  at  a 
school  district  meeting  shall  be  challenged  as  unqualified  by 


GENERAL   SCHOOL  LAWS.  13 

any  legal  voter  in  such  district,  the  chairman  presiding  at 
such  meeting  shall  declare  to  the  person  challenged  the  quali- 
fications of  a  voter;  and  if  such  person  shall  state  that  he  is 
qualified,  and  the  challenge  shall  not  be  withdrawn,  the  chair-  oath^tobe 
man  shall  tender  to  him  an  oath,  in  substance  as  follows:  challenged 
"You  do  swear  (or  affirm)  that  you  are  a  citizen  of  the  United  voters- 
States,  that  you  have  been  for  the  last  three  months  an  actual 
resident  of  this  school  district,  or  residing  upon  territory  now 
attached  to  this  school  district,  and  that  you  pay  a  school  dis- 
trict tax  therein;"  and  every  person  taking  this  oath  shall  be 
permitted  to  vote  upon  all  questions  proposed  at  such  meet- 
ings. Or  he  may  take  the  following  oath,  to  wit:  "You  do 
swear  (or  affirm)  that  you  are  a  citizen  of  the  United  States, 
that  you  have  been  for  the  last  three  months  an  actual  resident 
of  this  school  district,  or  residing  upon  property  now  attached 
to  this  school  district,  and  that  you  are  the  parent  or  legal 
guardian  of  one  or  more  children  now  included  in  the  school 
census  of  the  district;"  and  he  may  vote  upon  all  questions 
which  do  not  directly  involve  the  raising  of  money  by  tax.  If 
any  person  so  challenged  shall  refuse  to  take  such  oath,  his 
vote  shall  be  rejected;  and  any  person  who  shall  wilfully  take  raise  oath 
a  false  oath,  or  make  a  false  affirmation,  under  the  provisions 
of  this  section,  shall  be  deemed  guilty  of  perjury.  When  any 
question  is  taken  in  any  other  way  than  by  ballot,  a  challenge 
immediately  after  the  vote  has  been  taken  shall  be  deemed  to 
be  made  when  offering  the  vote,  and  treated  in  the  same 
manner. 

Am.  1895,  Act  258. 
Belles  v.  Burr,  76  /  6. 

(42.)     §  4664.    SEC.  19.    If  at  any  district  meeting  any  per-  Disorderly 
son  shall  conduct  himself  in  a  disorderly  manner,  and,  after  pSSt 
notice  from  the  moderator  or  person  presiding,  shall  persist  SEn^n 
therein,  the  moderator  or  person  presiding  may  order  him  to  custody. 
withdraw  from  the  meeting,  and  on  his  refusal,  may  order  any 
constable,  or  other  person  or  persons,  to  take  him  into  custody 
until  the  meeting  shall  be  adjourned;  and  any  person  who 
shall  refuse  to  withdraw  from  such  meeting  on  being  so  or- 
dered as  herein  provided,  and  also  any  person  who  shall  wil- 
fully disturb  such  meeting  by  rude  and  indecent  behavior,  or 
by  profane  or  indecent  discourse,  or  in  any  other  way  make 
such  disturbance,  shall,  on  conviction  thereof,  be  punished  by  pnalty  for 
a  fine  not  less  than  two  nor  more  than  fifty  dollars,  or  by  im- 
prisonment  in  the  county  jail  not  exceeding  thirty  days;  and 
any  justice  of  the  peace,  recorder,  or  police  justice  of  the  who  shall 
township,  ward,  or  city  where  such  offense  shall  be  committed, 
shall  have  jurisdiction  to  try  and  determine  the  same.  trial- 

(43.)     §  4665.     SEC.  20.    The  qualified  voters  in  any  school 
district  when  lawfully  assembled  at  the  first  and  at  each  an-  voters  at 
nual  meeting,  or  at  an  adjournment  thereof,  or  at  any  special         1  meet~ 


14 


GENERAL  SCHOOL  LAWS. 


May  adjourn. 


Elect  district 
officers. 


May  select 
a  site. 


To  direct  the 
purchasing 
of  sites. 


Vote  tax. 
Limit  of  tax. 


meeting  lawfully  called  except  as  hereinafter  provided,  shall 
have  power: 

May  appoint  a  First,  At  the  first  meeting  and  at  any  meeting  after  the  or- 
ganization of  the  district,  in  the  absence  of  the  moderator,  to 
appoint  a  chairman  for  the  time  being,  and  in  the  absence  of 
the  director  to  appoint  some  person  to  act  in  his  stead,  who 
shall  keep  a  minute  of  the  proceedings  of  such  meeting  and 
certify  the  same  to  the  director,  to  be  by  him  entered  in  the 
records  of  the  district; 

Second,  To  adjourn  from  time  to  time  as  occasion  may  re- 
quire; 

Third,  To  elect  district  officers  as  herein  provided,  and  to 
determine  at  what  hour  the  annual  meeting  shall  be  held; 

Fourth,  To  designate,  as  hereinafter  provided,  a  site  or  sucli 
number  of  sites  as  may  be  desired  for  school-houses,  and  to 
change  the  same  when  necessary; 

Fifth,  To  direct  the  purchasing  or  leasing  of  a  site  or  sites, 
lawfully  determined  upon;  the  building,  hiring  or  purchasing 
of  a  school-house  or  houses,  or  the  enlarging  of  a  site  or  sites 
previously  established ; 

Sixth.  To  vote  such  tax  as  the  meeting  shall  deem  sufficient, 
to  purchase  or  lease  a  site  or  sites,  or  to  build,  hire  or  pur- 
chase a  school-house  or  houses;  but  the  amount  of  taxes  to  be 
raised  in  any  district  for  the  purpose  of  purchasing  or  building 
a  school-house  or  houses  in  the  same  year  that  any  bonded  in- 
debtedness is  incurred,  shall  not  exceed  in  districts  containing 
less  than  ten  children  between  the  ages  of  five  and  twenty 
years,  two  hundred  and  fifty  dollars;  in  districts  having  be- 
tween ten  and  thirty  children  of  like  age,  it  shall  not  exceed 
five  hundred  dollars;  and  in  districts  having  between  thirty 
and  fifty  children  of  like  age,  it  shall  not  exceed  one  thousand 
dollars.  No  legal  subdivision  of  land  shall  be  taxed  for  build- 
ing a  school-house  unless  some  portion  thereof  shall  be  within 
two  and  one-half  miles  of  said  school-house  site; 

Seventh,  To  impose  such  tax  as  shall  be  necessary  to  keep 
their  school-house  or  houses  in  repair,  and  to  provide  the 
necessary  appendages  and  school  apparatus,  and  in  districts 
having  district  libraries,  for  the  support  of  the  same,  and  to 
pay  and  discharge  any  debts  or  liabilities  of  the  district  law- 
fully incurred,  and  also  to  pay  for  the  services  of  any  district 
officer.  The  tax  herein  authorized  to  be  voted  shall  not  exceed 
one-half  of  the  amount  which  the  district  is  authorized  to 
raise  for  building  school-houses; 

Eighth,  To  authorize  and  direct  the  sale  of  any  school-house, 
site,  building  or  other  property  belonging  to  the  district,  when 
the  same  shall  no  longer  be  needed  for  the  use  of  the  district; 

Ninth,  To  give  such  directions  and  make  such  provisions  as 
they  shall  deem  necessary  in  relation  to  the  prosecution  or 
defense  of  any  suit  or  proceeding  in  which  the  district  may 
be  a  party,  or  interested ; 


Impose  tax  for 
repairs. 


Direct  sale  of 
schoolhouses 
or  site. 


Give  direction 
in  relation  to 
suit. 


GENERAL   SCHOOL   LAWS.  15 

Tenth,  To  appoint,  as  in  their  discretion  it  may  be  neces-  Appoint 
sary,  a  building  committee  to  perform  such  duties  in  supervis-  committee. 
ing  the  work  of  building  a  school-house  as  they  may  by  vote 
direct; 

Eleventh,  At  the  first  and  the  annual  meeting  only,  to  de-  JJ^rjJ*116 
termine  the  length  of  time  a  school  shall  be  taught  in  their  school  shaii 
district  during  the  ensuing  year,  which  shall  not  be  less  than  be  tausnt- 
nine  months  in  districts  having  eight  hundred  children  over 
five  and  under  twenty  years  of  age,  and  not  less  than  five 
months  in  all  other  districts,  on  pain  of  forfeiture  of  their 
share  of  the  primary  school  interest  fund;  but  in  case  such 
matters  shall  not  be  determined  at  the  first  or  annual  meet- 
ing, the  district  board  shall  determine  the  same;  and  in  case 
the  district  fails  to  vote  for  at  least  the  minimum  length  re- 
quired herein,  the  district  board  shall  make  provisions  for 
said   minimum   length   of   school; 

Twelfth,  To  appropriate  any  surplus  moneys  arising  from 
the  one  mill  tax  after  having  maintained  a  school  in  the  dis- 
trict  at  least  eight  months  in  the  school  year,  for  the  purpose  tam  PurP°ses- 
of  purchasing  and  enlarging  school  sites,  or  for  building  or 
repairing  school-houses  or  for  purchasing  books  for  library, 
globes,  maps  and  other  school  apparatus,  or  for  any  incidental 
expenses  of  the  school. 

Am.  1895,  Act  15. 

Moiles  v.  Watson,  60  /  415. 

FOURTH  :     See  Section  4728  as  to  designation  of  school  sites. 

FIFTH  :  A  school  district,  contracting  for  the  building  of  a  school-house 
within  a  stated  time,  is  bound  to  furnish  a  suitable  site  therefor,  within 
such  reasonable  time  that  the  contractors  shall  not  be  delayed  on  their 
part. — Todd  v.  Sch.  Dist.,  40  /  294.  Sureties  upon  a  bond  for  the  performance 
of  a  contract  are  released  by  an  assignment  of  the  contract  and  the  grant 
of  an  extension  of  time  to  the  contractors. — Id. 

SIXTH  :  A  school  district  in  its  annual  meeting  may  lawfully  recognize 
and  pay  equitable  claims  even  though  they  are  not  strictly  legal  demands 
against  it. — Stockdale  v.  School  Dist.,  47  /  226.  The  provision  that  no  land  shall 
be  taxed  for  the  building  of  school-houses,  unless  some  portion  thereof  shall 
be  within  2%  miles  of  the  school-house  site,  does  not  apply  to  a  graded  school 
district. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  437. 

SEVENTH  :  Publishing  House  v.  Sch.  Dist.,  94  /  265.  The  word  "append- 
age"' does  not  mean  simply  the  apparatus  to  be  used  inside  of  the  building, 
nor  is  it  limited  to  brooms,  pails,  cups,  etc.,  but  must  be  construed  to  include 
fuel,  fences  and  necessary  out-houses. — Creager  v.  Sch.  Drst.,  62  /  108.  A 
director  has  authority,  in  the  exercise  of  a  sound  discretion,  to  buy  new 
seats  for  a  school-house  under  a  resolution  "to  fit  up  the  school-house  for 
the  winter  term." — McLaren  v.  Akron  Town  Board,  48  /  190.  Equitable 
claims. — See  note  to  subdivision  Sixth.  Certain  charts,  etc.,  held  not  to  be 
necessary  appendages,  such  as  the  director  is  required  to  furnish. — Gibson 
v.  Sch.  Dist.,  36  /  404;  Publishing  House  v.  Sch.  Dist.,  94  /  265.  A  school  dis- 
trict has  no  power  to  levy  a  tax  except  for  the  purposes  specified  by  stat- 
ute.— Hinman  v.  Sch.  Dist.,  4  /  168.  See  Section  4686,  subdivision  6. 

ELEVENTH  :  Tappan  v.  Sch.  Dist.,  44  /  500.  The  district  board  has  power 
to  contract  with  a  qualified  teacher  for  such  term  during  the  ensuing  year 
as  shall  be  determined  by  the  qualified  voters  of  the  district  at  the  annual 
school  meeting. — Cleveland  v.  Amy,  88  /  374  ;  Moiles  v.  Watson,  60  /  417 

TWELFTH:  Gibson  v.  Sch.  Dist.,  36  /  404;  Publishing  Co.  v.  Sch.  Dist., 
"94  J  2oo. 

DISTRICT  BOARD  AND  OFFICERS. 

(44.)    §  4666.    SECTION  1.    At  the  first  meeting  in  each  school  Election  of 
district  there  shall  be  elected  by  ballot  a  moderator  for  the  offices. 
term  of  three  years,  a  director  for  two  years,  and  a  treasurer 
for  one  year;  and  on  the  expiration  of  their  respective  terms 


16 


GENERAL   SCHOOL  LAWS. 


Term  of  office,  of  office,  and  regularly  thereafter  at  the  annual  meetings,  their 
several  successors  shall  be  elected  in  like  manner  for  a  term 
of  three  years  each.  The  time  intervening  between  the  first 
meeting  in  any  school  district  and  the  first  annual  meeting 
thereafter  shall  be  reckoned  as  one  year. 

NOTE. — Act  165,  1901,  amending  Act  164,  1881,  changes  the  word  assessor 
to  treasurer;  Eff.  Sept.  1,  1902. 

OFFICERS  :  The  officers  of  a  primary  school  district  consist  of  a  modera- 
tor, director  and  assessor.  These  offices  are  created  by  statute  and  have 
attached  to  them  certain  limited  powers  and  particular  duties.  They  have, 
therefore,  neither  common  law  power,  nor  rights,  but  ai-e  strictly  confined 
to  such  as  are  conferred  upon  them  by  statute ;  and  as  no  compensation  for 
their  official  services  has  been  provided  [as  the  law  stood  prior  to  1859]  or 
in  any  manner  authorized  by  statute,  none  can  be  legally  claimed  or  recov- 
ered.— Hinman  v.  Sch.  Dist.,  4  /  168.  The  provisions  relative  to  tne  election  of 
school  district  officers  by  ballot  are  mandatory ;  but  where  they  were  unan- 
imously chosen  by  viva  voce  vote  at  a  regular  meeting,  and  qualified  and 
acted  and  no  one  else  claimed  the  offices,  a  writ  of  quo  warranto  was  dis- 
missed.— People  v.  Gartland,  75  /  143.  Parol  evidence  is  admissible  to  show 
who  are  the  district  officers. — Crane  v.  Sch.  Dist.,  61  /  299. 

BALLOT :  All  ballots  cast  under  statutory  requirements  are  formal  and 
final,  if  there  is  an  election,  and  cannot  be  repeated.  There  can  be  no  "in- 
formal" ballot. — People  v.  Stone,  78  /  635  ;  Sch.  Dist.  v.  Root,  61  /  373. 


When  district 
offices  shall 
become 
vacant. 


Vacancies  in 
offices,  how 
filled. 


Term  of  office 
of  appointed 
officer. 


Who  are 
eligible  to 
hold  office. 


(45.)  §  4667.  SEC.  2.  A  school  district  office  shall  become 
vacant  upon  the  occurrence  of  any  of  the  following  events: 

First,  The  death  of  the  incumbent; 

Second,  His  resignation; 

Third,  His  removal  from  office; 

Fourth,  His  removal  from  the  district; 

Fifth,  His  conviction  of  any  infamous  crime; 

Sixth,  His  election  or  appointment  being  declared  void  by  a 
competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office,  or  to 
give  or  renew  any  official  bond  according  to  law. 

(46.)  §  4668.  SEC.  3.  In  case  any  one  of  the  district  offices 
becomes  vacant,  the  two  remaining  officers  shall  immediately 
fill  such  vacancy;  or  in  case  two  of  the  offices  become  vacant, 
the  remaining  officer  shall  immediately  call  a  special  meeting 
of  the  district  to  fill  such  vacancies;  in  case  any  vacancy  is  not 
filled  as  herein  provided  within  twenty  days  after  it  shall  have 
occurred,  or  in  case  all  the  offices  in  a  district  shall  become 
vacant,  the  board  of  school  inspectors  of  the  township  to  which 
the  annual  reports  of  such  district  are  made  shall  fill  such  va- 
cancies. Any  person  elected  or  appointed  to  fill  a  vacancy  in 
a  district  office  shall  hold  such  office  until  the  next  succeed- 
ing annual  meeting,  at  which  time  the  voters  of  the  district 
shall  fill  such  office  for  the  unexpired  portion  of  the  term. 

Johnston  v.  Mitchell,  120  /  589. 

(47.)  §  4669.  SEC.  4.  Any  qualified  voter  in  a  school  dis- 
trict whose  name  appears  upon  the  assessment  roll,  and  is  the 
owner  in  his  own  right  of  the  property  so  assessed,  shall  be 
eligible  to  election  or  appointment  to  office  in  such  school  dis- 
trict, unless  such  person  be  an  alien. 

Am.  1899,  Act  184. 


GENERAL   SCHOOL  LAWS.  17 

(48.)     §  4670.    SEC.  5.    Within  ten  days  after  their  election  Acceptance 
or  appointment,  the  several  officers  of  each  school  district  bemedest< 
shall  file  with  the  director  written  acceptances  of  the  offices 
to  which  they  have  been  respectively  elected  or  appointed,  and 
such  acceptances  shall  be  entered  in  the  records  of  the  district 
by  said  director. 

(49.)     §  4671.     SEC.  6.    The  moderator,  director,  and  treas-  District  board, 
urer  shall   constitute  the   district   board.     Meetings  of  the  Ings'ofmay 
board  may  be  called  by  any  member  thereof  by  serving  on  the  be  called- 
other  members  a  written  notice  of  the  time  and  place  of  such 
meeting  at  least  twenty-four  hours  before  such  meeting  is  to 
take  place;  and  no  act  authorized  to  be  done  by  the  district 
board  shall  be  valid  unless  voted  at  a  meeting  of  the  board. 
A  majority  of  the  members  of  the  board  at  a  meeting  thereof  Quorum1  of 
shall  be  necessary  for  the  transaction  of  business.  board. 

Am.  1901,  Act  165. 

A  teacher  cannot  be  hired  by  two  members  of  the  board  without  the  con- 
currence of  the  third  and  without  convening  any  meeting  of  the  board. — 
Hazen  v.  Lerche,  47  /  626. 

(50.)    §  4672.    SEC.  7.    The  said  district  board  shall  purchase  Board  to 
a  record  book  and  such  other  books,  blanks,  and  stationery  as  reeorcfbooks, 
may  be  necessary  to  keep  a  record  of  the  proceedings  of  the  etc- 
district  meetings  and  of  meetings  of  the  board,  the  accounts  of 
the  assessor,  and  for  doing  the  business  of  the  district  in  an 
orderly  manner. 

Before  the  enactment  of  this  provision  it  was  held  that  the  board  had 
authority  to  purchase,  at  the  expense  of  the  district,  record  books,  blanks 
and  paper  necessary  for  the  use  of  the  district  in  keeping  the  records  re- 
quired by  law,  without  any  vote  of  the  district  therefor. — Sch.  Dist.  v.  Snell, 
24  /  353. 

(51.)     §  4673.    SEC.  8.    The  district  board  shall  purchase  or  Board  to 
lease,  in  the  corporate  name  of  the  district,  such  sites  for  srte^andebu?i 
school-houses  as  shall  have  been  lawfully  designated,  and  shall  hous!.chool~ 
build,  hire,  or  purchase  such  school-houses  as  may  be  neces- 
sary out  of  the  fund  provided  for  that  purpose,  and  make  sale 
of  any  site  or  other  property  of  the  district  when  lawfully 
directed  by  the  qualified  voters;  but  no  district  in  any  case  Necessity  of 
shall  build  a  stone  or  brick  school-house  upon  any  site  without 
having  first  obtained  a  title  in  fee  to  the  same,  or  a  lease  for 
ninety-nine  years;  nor  shall  any  district  build  a  frame  school- 
house  on  any  site  for  which  they  have  not  a  title  in  fee  or  a 
lease  for  fifty  years,  without  securing  the  privilege  of  removing 
the  said  school-house  when  lawfully  directed  so  to  do  by  the 
qualified  voters  of  the  district  at  any  annual  or  special  meet- 
ing, when  lawfully  convened. 

TITLE  IN  FEE:  A  lease  to  a  school  district  "during  the  time  it  is  used 
for  school  purposes"  is  a  lease  in  perpetuity  at  the  will  of  the  lessee.  Since 
the  lessee  is  a  corporation  and  words  of  inheritance  are  not  required,  the 
lease,  if  a  present  consideration  is  paid,  operates  as  a  bargain  and  sale  and 
conveys  a  base  or  determinable  fee.  This  is  sufficient  to  satisfy  the  provi- 
sions of  the  school  law. — Sch.  Dist.  v.  Everett,  52  /  314. 

3 


18 


GENERAL   SCHOOL   LAWS. 


Board  to 
estimate  tax 
for  support 
of  schools. 


Limit  of  tax  in 
certain  cases. 


When  board 
may  borrow 
money. 


Board  to  re- 
port district 
taxes  to  town- 
ship clerk. 


Board  to 
apply  moneys 
according 
to  law. 


Sectarian 
schools  barred 
from  public 
moneys. 


(52.)  §  4674.  SEC.  9.  It  shall  be  the  duty  of  the  district 
board  to  estimate  the  amount  necessary  to  be  raised,  in  addi- 
tion to  other  school  funds,  for  the  entire  support  of  such 
schools,  including  teachers'  wages,  fuel,  and  other  incidental 
expenses,  and  for  deficiencies  of  the  previous  year  for  such 
purposes.  But  in  districts  having  less  than  thirty  scholars, 
such  estimate,  including  the  district's  share  of  the  primary 
school  interest  fund  and  one-mill  tax,  shall  not  exceed  the  sum 
of  fifty  dollars  a  month  for  the  period  during  which  school  is 
held  in  such  district;  and  when  such  amount  has  been  esti- 
mated and  voted  by  the  district  board,  it  shall  be  reported  for 
assessment  and  collection,  the  same  as  other  district  taxes. 
When  a  tax  has  been  estimated  and  voted  by  the  district 
board  under  the  provisions  of  this  section,  and  is  needed  be- 
fore it  can  be  collected,  the  district  board  may  borrow  to  an 
amount  not  exceeding  the  amount  of  said  tax. 

(53.)  §  4675.  SEC.  10.  The  district  board  shall,  between  the 
first  and  third  Mondays  in  September  in  each  year,  make  out 
and  deliver  to  the  township  clerk  of  each  township  in  which 
any  part  of  the  district  is  situated,  a  report  in  writing  under 
their  hands  of  all  taxes  voted  by  the  district  during  the  pre- 
ceding year,  and  of  all  taxes  which  said  board  is  authorized 
to  impose,  to  be  levied  on  the  taxable  property  of  the  district. 

(54.)  §  4676.  SEC.  11.  The  district  board  shall  apply  and 
pay  over  all  school  moneys  belonging  to  the  district,  in  ac- 
cordance with  the  provisions  of  law  regulating  the  same,  and 
no  money  raised  by  district  tax  shall  be  used  for  any  other 
purpose  than  that  for  which  it  was  raised,  without  a  consent- 
ing vote  of  two-thirds  of  the  tax-paying  voters  of  the  district; 
and  no  moneys  received  from  the  primary  school  interest  fund, 
nor  from  the  one-mill  tax  except  as  provided  by  law  shall  be 
appropriated  to  any  other  use  than  the  payment  of  teachers' 
wages,  and  no  part  thereof  shall  be  paid  to  any  teacher  who 
shall  not  have  received  a  certificate  of  qualification  from 
proper  legal  authority  before  the  commencement  of  his  school. 
No  school  district  shall  apply  any  of  the  moneys  received  by 
it  from  the  primary  school  interest  fund,  or  from  any  and  all 
other  sources,  for  the  support  and  maintenance  of  any  school 
of  a  sectarian  character,  whether  the  same  be  under  the  con- 
trol of  any  religious  society,  or  made  sectarian  by  the  school 
district  board. 


Proof  of  qualification. — Sch.  Dist.  v.  Cook,  47  /  112. 


Board  to  make 
annual  re- 
ports. 


Contents  of. 


(55.)  §  4677.  SEC.  12.  Said  board  shall  present  to  the  dis- 
trict, at  each  annual  meeting,  a  report  in  writing,  containing 
an  accurate  statement  of  all  moneys  of  the  district  received 
by  them,  or  any  of  them,  during  the  preceding  year,  and  of  the 
disbursements  made  by  them,  with  the  items  of  such  receipts 
and  disbursements.  Such  report  shall  also  contain  a  statement 
of  all  taxes  assessed  upon  the  taxable  property  of  the  district 


GENERAL   SCHOOL   LAWS.  19 


during  the  preceding  year,  the  purposes  for  which  such  taxes 
were  assessed,  and  the  amount  assessed  for  each  particular 
purpose,  and  said  report  shall  be  entered  by  the  director  in 
the  records  of  the  district. 

(56.)     §  4678.     SEC.  13.     The  district  board  shall  hire  and  Board  to  hire 
contract  with  such  duly  qualified  teachers  as  may  be  required; te 
and  all  contracts  shall  be  in  writing  and  signed  by  a  majority  contracts, 
of  the  board  in  behalf  of  the  district.     Said  contracts  shall  school  register 
specify  the  wages  agreed  upon  and  shall  require  the  teacher  tc 
to  keep  a  correct  list  of  the  pupils,  grading  and  the  age  of 
each,  attending  the  school,  and  the  number  of  days  each  pupil  Record  of 
is  present,  the  aggregate  attendance,  average  daily  attendance  att 
and  percentage  of  attendance,  and  to  furnish  the  director  with 
a  correct  copy  of  the  same  at  the  close  of  school.    Said  con-  contract 
tract  shall  be  filed  with  the  director  and  a  duplicate  copy  of  t( 
the  contract  shall  be  furnished  to  the  teacher.    No  contract  Teacher  mu&t 
with  any  person  not  holding  a  legal  certificate  of  qualification  ^elwcJSl. 
then  authorizing  such  person  to  teach,  or  with  any  member  of 
the  district  board,  shall  be  valid,  and  all  such  contracts  shall 
terminate,  if  the  certificate  shall  expire  by  limitation  and  shall 
not  immediately  be  renewed,  or  if  it  shall  be  suspended  or 
revoked  by  proper  legal  authority.     A  school  month  within  school  month 
the  meaning  of  the  school  laws  shall  consist  of  four  weeks  of  d 
five  days  in  each  week,  unless  otherwise  specified  in  the  teach- 
er's contract. 

Am.   1901.   Acts  62  and   146. 

HIRE  AND  CONTRACT  :  The  district  in  its  corporate  capacity  is  a  neces 
sary  party  to  the  contract. — Wall  v.  Eastman,  1  /  270.  A  teacher  can  be  law- 
fully employed  only  by  convening  the  board. — Hazen  v.  Lerche,  47  /  626.  Con- 
tracts may  be  made  before  the  beginning  of  the  school  year. — Sch.  Dist.  v. 
Cook,  47  /  112  ;  Tappan  v.  Sch.  Dist.,  44  /  500  ;  Cleveland  v.  Amy,  88  /  376  ; 
Farrell  v.  Sch.  Dist.,  98  /  45.  The  power  to  employ  teachers  conferred  upon 
district  boards  of  primary  schools  by  this  section  is  co-extensive  with  that 
conferred  upon  the  boards  of  trustees  of  graded  schools  by  Section  4748. — Id. 
376.  Where  a  contract  was  signed  by  the  director  and  the  teacher,  the  moder- 
ator wrote  "approved"  upon  it  and  subscribed  it  as  moderator,  such  approval 
and  signature  was  treated  as.  in  legal  effect,  a  signing  of  the  contract. — 
Everett  v.  Sch.  Dist.,  30  /  249.  When  the  contract  is  signed  by  a  majority 
of  the  board  only.— Crane  v.  Sch.  Dist.,  61  /  299.  Simultaneous  signing  is  not 
necessary. — Holloway  v.  Sch.  Dist.,  62  /  155  ;  Everett  v.  Sch.  Dist.,  30  /  249. 
It  is  the  business  of  school  districts  to  keep  up  public  schools,  and  it  is 
the  duty  of  the  officers  to  provide  teachers  and  to  make  contracts  with  them. 
It  is  their  duty  to  know  under  what  conditions  a  teacher,  whom  they  know 
to  be  teaching,  claims  to  act. — Holloway  v.  Sch.  Dist.,  62  /  155.  A  teacher 
has  a  right  to  suppose  his  contract  to  be  a  valid  one  when  it  is  signed  by  a 
sufficient  number  of  officers  and  he  is,  with  the  personal  knowledge  of  the 
whole  board,  permitted  and  encouraged  to  go  on. — Id.  156.  A  contract  valid 
on  its  face,  actually  carried  out  in  full  with  the  acquiescence  of  all  concerned, 
cannot  be  subsequently  repudiated. — Id.  The  provision  that  the  contract 
shall  require  the  teacher  to  keep  a  list  of  the  pupils,  etc.,  is  merely  directory 
Its  omission  will  not  invalidate  the  contract. — Everett  v.  Sch.  Dist.,  30  /  249. 
A  district  school  board  cannot  discharge  a  teacher  for  incompetency,  in  the 
absence  of  a  provision  to  that  effect  in  the  contract. — Carver  v.  Sch.  Dist.. 
113  /  524.  Where  a  contract  has  been  terminated  by  the  board,  mandamus 
will  not  lie  to  review  the  board's  action  and  compel  payment  of  salary  claimed 
under  the  contract. — Coffin  v.  Detroit  Bd.  of  Ed.,  114  /  342  :  Langston  v.  Sch. 
Dist.  No.  3  of  Springwells,  121  /  654.  A  resolution  to  hire  does  not  constitute 
a  contract.  All  contracts  must  be  in  writing. — Langston  v.  Sch.  Dist.  No.  3  of 
Springwells.  121  /  654. 

QUALIFIED  TEACHER:  A  teacher  suing  for  his  wages  need  not  make 
profert  of  his  certificate,  but  the  granting  of  it  may  be  proved  by  parol. — 
Sch.  Dist.  v.  Cook,  47  /  112.  Normal  school  certificate  not  filed  or  recorded  in 
the  proper  office  (see  How.  4969)  until  after  contract  made. — Smith  v.  Sch. 
Dist.,  69  /  591.  Since  the  statute  makes  invalid  a  contract,  where  the  teacher 
holds  no  legal  certificate,  such  contract  cannot  be  made  the  basis  of  a  recov- 
ery of  salary. — Bryan  v.  Sch.  Dist.,  Ill  /  67. 


20 


GENERAL   SCHOOL   LAWS. 


HOLIDAYS  AND  INTERRUPTIONS  :  Teaching  contracts  for  stated 
periods,  are  subject  to  the  observance  of  recognized  holidays  and  there  can 
be  no  deductions  for  such  occasions  from  a  teacher's  wages.  —  Sch.  Dist.  v. 
Gage,  39  /  484  ;  Holloway  v.  Sch.  Dist.,  62  /  156.  Suspension  of  school  during 
the  prevalence  of  smallpox  is  no  defense  to  the  payment  of  the  teacher's 
wages  for  the  time  the  school  is  closed.  —  Dewey  v.  Sch.  Dist.,  43  /  480.  Pay- 
ment of  wages  after  the  burning  of  the  school-house.  —  Smith  v.  Sch.  Dist., 
69  /  589. 

WAGES  NOT  GARNISH  ABLE  :  A  teacher's  wages  cannot  be  reached  by 
garnishment.  —  Sch.  Dist.  v.  Gage,  43  /  484. 


ofaschoodi  use 
house00 


Board  may 

SSeSngsat11 
certain  times. 


§  4679.  SEC.  14.  The  district  board  shall  provide  a 
water  supply  for  pupils,  have  the  care  and  custody  of  the 
school-house  and  other  property  of  the  district,  except  so  far 
as  the  same  shall  by  vote  of  the  district  be  especially  confided 
to  the  custody  of  the  director,  including  all  books  purchased 
for  the  use  of  indigent  pupils,  and  shall  open  the  school-house 
for  public  meetings  unless  by  a  vote  at  a  district  meeting  it 
shall  be  determined  otherwise:  Provided,  That  said  board 
may  exclude  such  public  meetings  during  the  five  school  days 
of  each  Week  of  any  and  all  school  terms,  or  such  parts  thereof 
as  in  their  discretion  they  may  deem  for  the  best  interest  of 
the  schools. 


Am.  1901,  Act  146. 

The  board  has  the  care  and  custody  of  all  the  property  and  moneys  of  the 
district,  except  what  may  be  especially  confided  to  the  director.  —  Maynard  v. 
Woodward,  36  /  424  ;  Eckhardt  v.  Darby,  118  /  199. 


Board  to 
specify 
studies,  etc. 


Kind  of 

text-books 
to  be  used. 


Text-books, 
by  whom 
approved,  etc 


Board  to 
require 
teacher  to 
certify,  etc. 


(58.)  §  4680.  SEC.  15.  The  district  board  shall  specify  the 
studies  to  be  pursued  in  the  schools  of  the  district  [districts], 
and  in  addition  to  the  branches  in  which  instruction  is  now  re- 
quired by  law  to  be  given  in  the  public  schools  of  the  state,  in- 
struction shall  be  given  in  physiology  and  hygiene,  with  a 
special  reference  to  the  nature  of  alcohol  and  narcotics,  and 
their  effects  upon  the  human  system.  Such  instruction  shall 
be  given  by  the  aid  of  text-books  in  the  case  of  pupils  who  are 
able  to  read,  and  as  thoroughly  as  in  other  studies  p'ursued 
in  the  same  school.  The  text-books  to  be  used  for  such  in- 
struction shall  give  at  least  one-fourth  of  their  space  to  the 
consideration  of  the  nature  and  effects  of  alcoholic  drinks  and 
narcotics,  and  the  books  used  in  the  highest  grade  of  graded 
schools  shall  contain  at  least  twenty  pages  of  matter  relating 
to  this  subject.  Text-books  used  in  giving  the  foregoing  in- 
structions shall  first  be  approved  by  the  state  board  of  educa- 
tion. Each  school  board  making  a  selection  of  text-books 
under  the  provisions  of  this  act  shall  make  a  record  thereof  in 
their  proceedings,  and  text-books  once  adopted  under  the  pro- 
visions of  this  act  shall  not  be  changed  within  five  years,  ex- 
cept by  the  consent  of  a  majority  of  the  qualified  voters  of 
the  district  present  at  an  annual  meeting,  or  at  a  special  meet- 
ing called  for  that  purpose.  The  district  board  shall  require 
each  teacher  in  the  public  schools  of  such  district,  before 
placing  the  school  register  in  the  hands  of  the  directors 
[director],  as  provided  in  section  thirteen  of  this  act,  to  certify 
therein  whether  or  not  instruction  has  been  given  in  the  school 


GENERAL   SCHOOL  LAWS.  21 

or  grade  presided  over  by  such  teacher,  as  required  by  this 

act,  and  it  shall  be  the  duty  of  the  director  of  the  district  to 

file  with  the  township  clerk  a  certified  copy  of  such  certificate. 

Any  school  board  neglecting  or  refusing  to  comply  with  any  Punishment 

of  the  provisions  of  this  act  shall  be  subject  to  fine  or  for-  etc neglect' 

feiture  the  same  as  for  neglect  of  any  other  duty  pertaining 

to  their  office.    This  act  shall  apply  to  all  schools  in  the  state, 

including  schools  in  cities  or  villages,  whether  incorporated 

under  special  charter  or  under  the  general  laws. 

Am.   1883.   Act  93;   1887,   Act   165. 

Western  Pub.  House  v.  Sch.  Dist.,  94  /  265.  This  section  applies  to  city 
schools  organized  under  a  special  charter  which  does  not  provide  for  an 
annual  school  meeting. — Jones  v.  Board  of  Ed.  of  Detroit,  88  /  373.  The  power 
to  adopt  text-books  is  conferred  by  law  and  cannot  be  affected  by  any  rule  of 
the  board  of  education  fixing  a  time  for  the  reconsideration  of  motions  and 
resolutions. — Id.  347.  As  to  suspensions  of  by-law  regulating  adoption  of  text- 
book, see  Kendall  v.  Board  of  Education,  106  /  681. 

(59.)    §  4681.    SEC.  16.    The  district  board  may  purchase  at  Purchase  of 
the  expense  of  the  district,  such  text-books  as  may  be  neces-  cMidren^  p°°r 
sary  for  the  use  of  children  when  parents  are  not  able  to  fur- 
nish the  same,  and  they  shall  include  the  amount  of  such  pur- 
chase in  the  report  to  the  township  clerk  or  clerks,  to  be 
levied  in  like  manner  as  other  district  taxes. 

(60.)     §  4682.     SEC.  17.     The  district  board  shall  have  the  Board  to 
general  care  of  the  school,  and  shall  make  and  enforce  suitable  JSJs  for 
rules  and  regulations  for  its  government  and  management,  and  school, 
for  the  preservation  of  the  property  of  the  district.     Said  May  suspend 
board  may  authorize  or  order  the  suspension  or  expulsion  from  disorderly 
the  school,  whenever  in  its  judgment  the  interests  of  the  PUPIIS- 
school  demand  it,  of  any  pupil  guilty  of  gross  misdemeanor  or 
persistent  disobedience.     Any  person  who  shall  disturb  any  penalty  for 
school  by  rude  and  indecent  behavior,  or  by  profane  or  in- 
decent  discourse,  or  in  any  other  way  make  such  disturbance, 
shall,  on  conviction  thereof,  be  punished  by  a  fine  not  less  than 
two  nor  more  than  fifty  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  thirty  days. 

EXPULSION  :  It  is1  not  necessary  that  a  pupil  be  guilty  of  a  criminal  act 
before  he  can  be  suspended  or  expelled  from  school.  He  must  be  guilty  of 
some  wilful  or  malicious  act  of  detriment  to  the  school  and  the  misconduct 
must  be  gross — something  more  than  a  petty  or  trivial  offense  against  the 
rules— or  he  must  be  persistent  in  his  disobedience  of  the  proper  and  reason- 
able rules  and  regulations  of  the  school.  A  boy  cannot  be  expelled  or  sus- 
pended for  a  careless  act,  no  matter  how  negligent,  if  it  is  not  wilful  or 
malicious. — Holman  v.  Sch.  Dist.,  77  /  609. 

MISDEMEANOR  :  The  meaning  of  the  word  "misdemeanor"  in  this  section 
is  gross  misconduct  or  gross  misbehavior,  not  necessarily  a  criminal  act. — 
Holman  v.  Sch.  Dist.,  77  /  606-7. 

George  R.  Mathews  v.  Board  of  Education  of  School  District  No.  1  of  the 
City  and  Township  of  Kalamazoo. 

The  ruling  of  the  school  board  of  1894  required  all  children  to  be  vaccinated 
before  attending  the  public  school.  George  Mathews,  having  three  children  of 
school  age  who  had  not  been  vaccinated,  brought  mandamus  proceedings  in  the 
circuit  court  to  compel  the  school  board  to  admit  the  children  to  the  public 
school.  Case  decided  in  the  supreme  court  July  10,  1901.  Decision :  That 
school  board  under  paragraph  4682  of  the  Compiled  Laws  had  no  authority 
to  compel  children  to  be  vaccinated  before  entering  public  schools.  It  is  the 
opinion  of  the  court,  however,  that  in  case  there  had  been  an  epidemic  of  small- 
pox in  the  city  at  that  time  the  board  would  have  the  authority  to  temporarily 
close  the  school,  or  say  who  shall  be  excluded  from  the  school  until  the  epi- 
demic is  passed. 


22 


GENERAL   SCHOOL   LAWS. 


Who  can 
attend  school 


(61.)  §  4683.  SEC.  18.  All  persons  residents  of  any  school 
district,  and  five  }rears  of  age,  shall  have  an  equal  right  to  at- 
tend any  school  therein;  and  no  separate  school  or  department 
shall  be  kept  for  any  persons  on  account  of  race  or  color:  Pro- 
vided, That  this  shall  not  be  construed  to  prevent  the  grading 
not  prevented.  of  schools  according  to  the  intellectual  progress  of  the  pupil, 
to  be  taught  in  separate  places  as  may  be  deemed  expedient. 


No  separate 
school  on 
account  of 
race,  etc. 
Grading 


It  is  the  requirement  of  the  general  law  that  the  right  to  attend  the  schools 
shall  be  possessed  equally  and  impartially  by  all  classes  of  residents. — People 
v.  Detroit  Bd.  of  Ed.,  18  /  413.  And  mandamus  will  lie  at  the  instance  of  a 
father  to  compel  the  admission  of  his  child  to  school. — Id. 


District  boards 
may  admit 
non-resident 
pupils  and 
make  rates 
of  tuition. 


Children  who 
are  a  county 
charge  to  be 
admitted  the 
same  as  non- 
resident 
pupils. 


(62.)  §  4684.  SEC.  19.  The  district  board  may  admit  to  the 
district  school  non-resident  pupils,  and  may  determine  the 
rates  of  tuition  of  such  pupils  and  collect  the  same,  which 
tuition  shall  not  be  greater  than  fifteen  per  cent  more  than 
the  average  cost  per  capita  for  the  number  of  pupils  of  school 
age  in  the  district.  Children  who  are  being  cared  for  at 
county  expense  shall  be  admitted  to  the  school  in  the  district 
whose  school-house  is  nearest  the  county  house,  on  the  same 
terms  that  other  non-resident  pupils  are  admitted.  When 
non-resident  pupils,  their  parents  or  guardians,  pay  a  school 
tax  in  said  district,  such  pupils  shall  be  admitted  to  the 
schools  of  the  district,  and  the  amount  of  such  school  tax  shall 
be  credited  on  their  tuition  a  sum  not  to  exceed  the  amount  of 
such  tuition,  and  they  shall  only  be  required  to  pay  tuition 
for  the  difference  therein. 


Am.  1891,  Act  21  ;  1895,  Act  131. 

TUITION  :  Before  any  action  can  be  maintained  for  the  tuition  of  non-resi- 
dent pupils,  the  district  board  must  first  fix  and  determine  the  rate  of  tuition 
of  such  pupils,  by  resolution  of  the  board  properly  recorded  by  the  director 
in  the  records  of  the  district. — Thompson  v.  Sch.  Dist.,  25  /  483. 

MODERATOR. 


Moderator. 
To  preside. 


To  counter- 
sign warrants 
and  orders. 


To  bring  suit 
on  assessor's 
bond. 


Other  duties. 


(63.)  §  4685.  SEC.  20.  It  shall  be  the  duty  of  the  moderator 
of  each  school  district: 

First,  To  preside,  when  present,  at  all  meetings  of  the  dis- 
trict and  of  the  board; 

Second,  To  countersign  all  orders  legally  drawn  by  the  di- 
rector upon  the  assessor  for  moneys  to  be  disbursed  by  the  dis- 
trict, and  all  warrants  of  the  director  upon  the  township  treas- 
urer for  moneys  raised  for  district  purposes,  or  apportioned 
to  the  district  by  the  township  clerk; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  assessor's  bond,  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,  To  perform  such  other  duties  as  are  or  shall  be  by 
law  required  of  the  moderator. 


SECOND  :  Countersigning  orders. — Wall  v.  Eastman,  1  /  268  ;  Sch.  Dist.  v. 
Mallary,  22  /  111.  The  moderator  has  the  right  to  satisfy  himself  that  the 
claim  for  which  the  order  was  drawn  is  a  valid  one. — Stockwell  v.  White 
Lake  Twp.  Bd.,  22  /  341  ;  People  v.  Bender,  36  /  195.  But  it  must  be  a  very 


GENERAL   SCHOOL   LAWS.  23 


plain  case  of  wrong,  where  the  moderator  can  refuse  to  enable  the  district 
to  obtain  its  own  funds. — People  v.  Bender,  30  /  197.  The  director  is  a  proper 
relator  for  mandamus  to  compel  the  moderator  to  countersign. — Id. 

DIRECTOR. 

(64.)  §  4686.  SEC.  21.  It  shall  be  the  duty  of  the  director  of 
each  school  district: 

First,  To  act  as  clerk,  when  present,  at  all  meetings  of  the  Director  to 
district  and  of  the  board; 

Second,  To  record  the  proceedings  of  all  district  meetings,  TO  keep  and 
and  the  minutes  of  all  meetings,  orders,  resolutions,  and  other 
proceedings  of  the  board,  in  proper  record  books; 

Third,  To  give  the  prescribed  notice  of  the  annual  district 
meeting,  and  of  all  such  special  meetings  as  he  shall  be  re- 
quired  to  give  notice  of  in  accordance  with  the  provisions  of 
law; 

Fourth,   To  draw   and  sign   warrants  upon  the  township  TO  draw  and 
treasurer  for  all  moneys  raised  for  district  purposes,  or  appor-  amToTders?*8 
tioned  to  the  district  by  the  township  clerk,  payable  to  the 
treasurer  of  the  district,  and  orders  upon  the  treasurer  for  all 
moneys  to  be  disbursed  by  the  district  and  present  them  to 
the  moderator,  to  be  countersigned  by  that  officer.    Each  order 
shall  specify  the  object  for  which,  and  the  fund  from  which,  it 
is  drawn; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  when  TO  draw  and 
directed  by  the  district  board,  and  present  them  to  the  other  8ign  c 
members  of  the  board  for  further  signature; 

Sixth,  To  provide  the  necessary  appendages  for  the  school-  TO  provide 
house  and  keep  the  same  in  good  condition  and  repair  during 
the  time  school  shall  be  taught  therein.  Necessary  append- 
ages  within  the  meaning  of  law  shall  consist  of  the  follow- 
ing articles,  to  wit:  A  set  of  wall  maps  (the  grand  divisions, 
the  United  States  and  Michigan)  not  .exceeding  twelve  dollars 
in  price;  a  globe  not  exceeding  eight  dollars,  a  dictionary  not 
exceeding  ten  dollars;  a  reading  chart  not  exceeding  five  dol- 
lars, and  a  case  for  library  books  not  exceeding  ten  dollars; 
also  looking-glass,  comb,  towel,  water  pail,  cup,  ash  pail, 
poker,  stove  shovel,  broom,  dustpan,  duster,  wash  basin  and 
soap; 

Seventh,  To  keep  an  accurate  account  of  all  expenses  in-  TO  keep 
curred  by  him  as  director,  and  such  account  shall  be  audited  a( 
by  the  moderator  and  treasurer,  and  on  their  written  order 
shall  be  paid  out  of  any  money  provided  for  the  purpose; 

Eighth,  To  present  at  each  annual  meeting  an  estimate  of  TO  present 
the  expenses  necessary  to  be  incurred  during  the  ensuing  year 
by  the  director  as  provided  by  law,  and  for  the  payment  of  the 
services  of  any  district  officer; 

Ninth,  To  preserve  and  file  copies  of  all  reports  made  to  the  TO  preserve 
school  inspectors,  and  safely  preserve  and  keep  all  books,  pa- 
pers  and  other  documents  belonging  to  the  office  of  director,  ments- 


24 


GENERAL    SCHOOL   LAWS. 


or  to  the  district  when  not  otherwise  provided  for,  and  to  de- 
liver the  same  to  his  successor  in  office; 

other  dirties.        Tenth,  To  perform  such  other  duties  as  are  or  shall  be  re- 
quired of  the  director  by  law  or  the  district  board. 

Am.  1895,  Act  258  ;  1901,  Act  165. 

SECOND  :  Proceedings  which  are  required  to  be  recorded  cannot  be  proved 
by  parol. — Thompson  v.  Sch.  Dist.,  25  /  488. 

FOURTH  :  The  warrant  for  payment  by  the  treasurer  to  the  assessor  of 
moneys  belonging  to  the  district. is  an  official  order  for  the  transfer  of  funds, 
not  negotiable  and  not  legally  payable  to  any  person  but  the  officer  named. — 
Fox  v.  Shipman,  19  /  218  ;  Burns  v.  Bender,  36  /  195.  See  Sch.  Dist.  v.  Mallary, 
23  /  111  ;  Sch.  Dist.  v.  Sch.  Dist.,  40  /  551.  The  duty  of  procuring  this  transfer 
of  district  moneys,  within  some  reasonable  time  is  not  discretionary,  but 
absolute,  upon  the  director,  and  the  moderator  is  bound  to  countersign  all 
orders  of  the  director  for  that  purpose. — Burns  v.  Bender,  36  /  197.  The  town- 
ship treasurer  must  pay  so  much  of  the  money  in  his  hands  as  is  covered 
by  the  director's  warrant  in  proper  form,  even  though  it  does  not  specify 
a  precise  sum,  but  is  for  all  such  money  in  his  hands  as  was  raised  for  the 
purposes  of  the  district. — Bryant  v.  Moore,  50  /  225.  The  disbursement  of 
all  school  moneys  must  be  made  upon  orders  drawn  on  the  assessor  by  the 
director,  countersigned  by  the  moderator. — Burns  v.  Bender,  36  /  195  ;  Midland 
Sch.  Dist.  v.  Sch.  Dist.,  40  /  551  :  Sch.  Dist.  v.  Mallary,  23  /  111. 

SIXTH  :  See  section  4665,  subd.  7.  See,  also,  Sch.  Dist.  v.  Snell,  24  /  350  ; 
Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402.  Removal  of  director  from 
office  for  persistent  refusal  and  neglect  to  put  the  furniture,  etc.,  of  the 
school-house  in  order  and  repair. — Twp.  Board  of  Hamtramck  v.  Holihan, 
46  /  127. 

SEVENTH  :  Assumpsit  will  lie  in  favor  of  the  director  of  a  school  district 
on  a  disputed  claim,  the  moderator  and  assessor  having  declined  to  pass  upon 
the  same  as  an  entirety  under  this  subdivision. — Van  Wert  v.  Sch.  Dist., 
100  /  332. 

EIGHTH  :  Prior  to  1859,  no  provisions  of  law  existed  for  paying  any  of  the 
officers  for  services  rendered. — Hinman  v.  Sch.  Dist.,  4  /  168. 


When  census 
of  school 
children  to 
be  taken. 


(65.)  §  4687.  SEC.  22.  It  shall  be  the  duty  of  the  director  or 
such  other  person  as  the  district  board  may  appoint,  within 
ten  days  next  previous  to  the  first  Monday  in  September  in 
each  year  to  take  the  census  of  the  district  and  make  a  list  hi 
writing  of  the  names,  ages  and  residences  of  all  the  children 
between  the  ages  of  five  and  twenty  years  residing  therein,  and 
also  the  names  and  residences,  giving  street  and  number  in 
cities  and  villages,  of  all  the  parents  or  guardians  of  such 
children  and  a  copy  of  said  list  shall  be  verified  by  the  oatli 
or  affirmation  of  the  person  taking  such  census,  by  affidavit 
appended  thereto  or  endorsed  thereon,  setting  forth  that  it  is 
a  correct  list  of  the  names  and  residences  of  all  children  be- 
tween the  ages  aforesaid,  residing  in  the  district,  which  affi- 
davit may  be  made  before  the  clerk  of  the  township ;  and  said 
list  shall  be  returned  with  the  annual  report  of  the  director 
to  the  township  clerk.  Children  in  almshouses,  prisons,  or 
asylums,  not  otherwise  resident  of  the  district  and  not  attend- 
census.  jng  schooi  shall  not  be  included  in  said  census;  nor  shall  In- 

dian children  be  included,  unless  they  attend  the  school  or 
their  parents  are  liable  to  pay  taxes  therein. 

Am.  1897,  Act  66. 

penalty  for          (66.)    §4688.    SEC.  22a.    Any  person  intentionally  giving  to 

ml ormSion  as  any  census  enumerator  of  school  children  any  false  informa- 

to  children.      ^on  ag  ^Q  ^e  names  or  ages  of  school  children,  or  as  to  the 

names  or  residence  of  the  parents  or  guardian  of  any  school 

children,  or  any  enumerator  who  shall  perform  his  duties 


Persons  tak- 
ing census 
to  make 
affidavit  as  to 
correctness 
of  list. 


What  children 
not  to  be 
included  in 


GENERAL   SCHOOL   LAWS. 

carelessly  or  negligently,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  be  liable  to  a  fine  of  not  more  than 
five  dollars  or  to  imprisonment  in  the  county  jail  for  not  more 
than  five  days,  in  the  discretion  of  the  court. 

Added  1897,  Act  66. 

(07.)  §  4089.    SEC.  23.    The  director  shall  also,  at  the  end  of  TO  make 

n  .  . ,  -i    n »-        -i          •       r-«          annual  reports 

the  school  year,  and  previous  to  the  second  Monday  in  Sep-  to  inspectors, 
tember  in  each  year,  deliver  to  the  township  clerk,  to  be  filed 
in  his  office,  a  report  to  the  board  of  school  inspectors  of  the 
township,  showing: 

First,  The  whole  number  of  children  belonging  to  the  dis-  contents  of. 
trict  between  the  ages  of  five  and  twenty  years,  according  to 
the  census  taken  as  aforesaid; 

Second,  The  number  attending  school  during  the  year  under 
five,  and  also  the  number  over  twenty  years  of  age; 

Third,  The  number  of  non-resident  pupils  of  the  district  that 
have  attended  school  during  the  year; 

Fourth,  The  whole  number  that  have  attended  school  dur- 
ing the  year; 

Fifth,  The  length  of  time  the  school  has  been  taught  dur- 
ing the  year  by  a  qualified  teacher,  the  name  of  each  teacher, 
the  length  of  time  taught  by  each,  and  the  wages  paid  to  each; 

Sixth,  The  average  length  of  time  scholars,  between  five  and 
twenty  years  of  age,  have  attended  school  during  the  year; 

Seventh,  The  amount  of  money  received  from  the  township 
treasurer  apportioned  to  the  district  by  the  township  clerk; 

Eighth,  The  amount  of  money  raised  by  the  district,  and 
the  purposes  for  which  it  was  raised; 

Mnth,  The  kind  of  books  used  in  the  school; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the 
schools  and  the  subject  of  education  as  the  superintendent  of 
public  instruction  shall  direct. 

(08.)     §  4090.    SEC.  24.    The  director  of  each  fractional  dis-  where 
trict  shall  make  his  annual  report  to  the  clerk  of  the  town-  fractional 
ship  in  which  the  school-house  is  situated,  and  shall  also  re- 
port  to  the  clerk  of  each  township  in  which  the  district  is  in 
part  situated,  the  number  of  children  between  the  ages  of 
five  and  twenty  years  in  that  part  of  the  district  lying  in  such 
township. 

TREASURER.* 

(09.)    §  4091.    SEC.  25.    It  shall  be  the  duty  of  the  treasurer  Treasurer, 
of  each  school  district: 

First,  To  execute  to  the  district  and  file  with  the  director.  To  give  bond, 
within  ten  days  after  his  election  or  appointment,  a  bond  in 
double  the  amount  of  money  to  come  into  his  hands  as  such 
treasurer  during  his  term  of  office,  as  near  as  the  same  can  be 

*Note. — The  evident  intent  of  Act  No.  105,  P.  A.  1901,  was  to  change  the 
word  "assessor"  to  "treasurer"  wherever  it  appeared  in  Act  No.  164,  P.  A.  1881. 
Inasmuch  as  the  above  act  only  amended  certain  sections,  the  word  "assessor"' 
remains  in  sections  not  affected. — Comp. 


26 


GENERAL    SCHOOL   LAWS. 


Bond  to  be 
approved. 


Bond  filed 
with  director. 

When  suit  to 
be  brought 
thereon. 


To  pay  proper 
orders. 


To  keep 
record  of 
receipts  and 
disburse- 
ments. 


To  make 
annual  report 
to  district 
board. 


To  appear  for 
district  in 


Other  duties. 


ascertained,  with  two  sufficient  sureties  who  shall  be  resi- 
dents of  the  same  county,  unless  the  assessor  [treasurer]  shall 
furnish  a  bond  of  some  surety  company  authorized  to  do  busi- 
ness in  this  state,  to  be  approved  by  the  moderator  and  di- 
rector, conditioned  for  the  faithful  application  of  all  moneys 
that  shall  come  into  his  hands  by  virtue  of  his  office,  and  to 
perform  all  the  duties  of  his  said  office  as  required  by  the 
provisions  of  this  act.  Said  bond  shall  be  filed  with  the  di- 
rector, and  in  case  of  any  breach  of  the  condition  thereof,  the 
moderator  shall  cause  a  suit  to  be  commenced  thereon  in  the 
name  of  the  district,  and  any  moneys  collected  thereon  shall 
be  paid  into  the  township  treasury,  subject  to  the  order  of  the 
district  officers,  and  shall  be  applied  to  the  same  purposes  as 
the  moneys  lost  should  have  been  applied  by  the  assessor 
[treasurer] ; 

Second,  To  pay  all  orders  of  the  director,  when  lawfully 
drawn  and  countersigned  by  the  moderator,  out  of  any  moneys 
in  his  hands  belonging  to  the  fund  upon  which  such  orders 
may  be  drawn; 

Third,  To  keep  a  book  in  which  all  the  moneys  received  and 
disbursed  shall  be  entered,  the  sources  from  which  the  same 
have  been  received,  and  the  persons  to  whom  and  the  objects 
for  which  the  same  have  been  paid; 

Fourth,  To  present  to  the  district  board  at  the  close  of  the 
school  year  a  report  in  writing,  containing  a  statement  of  all 
moneys  received  during  the  preceding  year,  and  of  each  item 
of  disbursements  made,  and  exhibit  the  voucher  therefor; 

Fifth,  To  appear  for  and  on  behalf  of  the  district  in  all  suits 
brought  by  or  against  the  same,  when  no  other  directions  shall 
be  given  by  the  qualified  voters  in  district  meeting,  except  in 
suits  in  which  he  is  interested  adversely  to  the  district,  and  in 
all  such  cases  the  moderator  shall  appear  for  such  district,  if 
no  other  direction  be  given  as  aforesaid; 

Sixth,  At  the  close  of  his  term  of  office  to  settle  with  the 
district  board,  and  deliver  to  his  successor  in  office  all  books, 
vouchers,  orders,  documents,  and  papers  belonging  to  the  of- 
fice of  treasurer,  together  with  all  district  moneys  remaining 
on  hand; 

Seventh,  To  perform  such  other  duties  as  are  or  shall  be  by 
law  required  of  the  treasurer. 


Am.  1901,  Act  62,  165. 

FIRST :  An  assessor  cannot  lawfully  withhold  the  district  funds  in  his 
hand  when  demanded  by  his  successor,  upon  a  claim  that  he  is  entitled  to  be 
personally  notified  of  such  election  and  acceptance  of  office.  He  is  charge- 
able with  notice  of  such  facts  and  is  liable  to  an  action  for  money  had  and 
received,  as  well  as  action  on  his  bond. — Mason  v.  Sch.  Dist.,  34  /  228.  See 
Welch  v.  Frost,  1  /  30  ;  also  Bryant  v.  Moore.  50  /  225. 

SECOND  :  See  Section  4685,  subd.  2,  and  Section  4686,  subd.  4,  and  notes. 
The  assessor  is  the  disbursing  officer  of  the  district. — Sch.  Dist.  v.  Mallary. 
23  /  111.  He  is  the  lawful  treasurer  and  depositary  of  school  district  funds 
and  all  moneys  must  pass  through  his  hands  and  be  paid  out  by  him  on 
proper  orders. — Sch.  Dist.  v.  Sch.  Dist.,  40  /  551.  Moneys  In  the  hands  of 
the  township  treasurer  belonging  to  a  school  district  cannot  be  applied  to 
any  district  purpose,  except  through  the  hands  of  the  assessor. — Burns  v. 
Bender,  36  /  198.  An  assessor  cannot  pay  out  any  money  lawfully  without  a 
warrant. — Id.  Interest  is  not  payable  on  school  district  orders  if  no  authority 


GENERAL   SCHOOL   LAWS. 


has  been  given  to  impose  it. — Turnbull  v.  Sen.  Dist.,  45  /  496.  But  interest 
may  be  allowed  from  demand  when  mandamus  is  granted  for  payment,  when 
its  claim  is  such  a  settled  demand  as  would  sustain  a  recovery  of  interest 
at  iaw. — Martin  v.  Tripp,  51  /  184.  Mandamus  lies  to  compel  a  district  to 
pay  or  provide  for  the  payment  of  its  orders. — Turnbull  v.  Sch.  Dist.,  45  /  496. 
And  to  compel  an  assessor  to  pay  a  school  order,  where  the  court  is  satis- 
fied that  there  is  no  valid  defense. — Martin  v.  Tripp,  51  /  184.  A  showing  of  a 
want  of  funds  is  a  complete  answer  to  an  application  for  mandamus  to  re- 
quire an  assessor  to  pay  a  warrant  drawn  on  him. — Allen  v.  Frink,  32  /  96. 

FIFTH  :  The  management  and  control  of  suits  is  specially  confided  to  the 
assessor,  when  no  other  direction  is  given  in  district  meeting ;  the  moderator 
and  director,  though  constituting  a  majority  of  the  district  board,  have  no 
authority  to  take  the  defense  of  a  suit  from  the  assessor.  And  the  voters, 
as  such,  cannot  interfere. — Sch.  Dist.  v.  Wing,  30  /  351.  See  Benalleck  v. 
People,  31  /  204.  An  appeal  taken  in  the  name  of  the  district  without  the 
authority  of  the  assessor,  if  he  is  competent  to  act,  is  void. — Id.  Whether 
he  is  a  proper  relator  for  mandamus  to  compel  the  moderator  to  sign  the 
director's  warrants,  see  Burns  v.  Bender,  36  /  197. 

TOWNSHIP  OFFICERS— TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS. 

(70.)     §  4692.     SECTION  1.     The  school  inspectors  of  each  Township 
township,  together  with  the  township  clerk,  shall  constitute  S^ectST1 
the  township  board  of  school  inspectors.     Said  board  shall  Meeting  and 
meet  at  the  office  of  the  township  clerk  within  twenty  days  ofgar 
after  the  first  Monday  of  April  in  each  year,  and  elect  one  of 
their  number  other  than  the  township  clerk  chairman  of  said 
board,  and  the  township  clerk  shall  be  the  clerk  thereof. 

Am.  1883,  Act  9  ;  1885,  Act  96. 

(71.)     §  4693.     SEC.  2.     The  chairman  of  said  board  shall  chairman  of 
be'the  treasurer  thereof,  and  shall  give  bond  to  the  township  SuJen6 
in  double  the  amount  of  moneys  to  come  into  his  hands  during  TO  give  bond, 
his  term  of  office,  as  near  as  the  same  can  be  ascertained,  with 
two  sufficient  sureties,  to  be  approved  by  the  township  clerk, 
conditioned  for  the  faithful  appropriation  of  all  moneys  that 
may  come  into  his  hands  by  Virtue  of  his  office.     Said  bond  Bond  to  be 
shall  be  filed  with  the  towrnship  clerk,  and  in  case  of  the  non-  fil 
fulfillment  thereof,  said  clerk  shall  cause  a  suit  to  be  com-  when  BU«  to 
menced  thereon,  and  the  moneys  collected  in  such  suit  shall  thereonf 
be  paid  into  the  township  treasury,  and  shall  be  applied  to 
the  same  purposes  as  the  moneys  lost  should  have  been  ap- 
plied by  said  treasurer  of  the  board  of  school  inspectors. 

The  treasurer  of  the  board  of  school  inspectors,  and  not  the  township 
treasurer,  is  the  proper  custodian  of  the  township  library  money ;  and  the 
latter  officer,  on  proper  demand,  is  bound  to  pay  it  over  to  the  former  and  is 
not  entitled  to  hold  it  until  drawn  by  the  inspectors  as  needed  for  specific 
appropriations.  Mandamus  will  lie  to  enforce  the  performance  of  this  duty. 
— McPharlin  v.  Mahoney,  30  /  100.  See  Burns  v.  Bender,  36  /  195. 

(72.)     §  4694.     SEC.  3.     On  the  third  Monday  in  September  inspectors 
in  each  year  the  inspectors  shall  make  triplicate  reports,  set-  tripifcate 
ting  forth  the  whole  number  of  districts  in  their  townships,  reP°rts- 
the  amount  of  money  raised  and  received  for  township  and 
district  libraries,  and  such  other  items  as  shall  from  year  to 
year  be  required  by  the  superintendent  of  public  instruction, 
together  with  the  several  particulars  set  forth  in  the  reports  Township 
of  the  school  directors  for  the  preceding  year;  and  the  town-  rS 
ship   clerk   shall,   within   ten   days   thereafter,   forward  two  thereto. 


28 


GENERAL   SCHOOL   LAWS. 


copies  of  the  same  to  the  secretary  of  the  county  board  of 
school  examiners,  and  file  the  other  copy  in  his  office. 

(73.)  §  4695.  SEC.  4.  It  shall  be  the  duty  of  the  school 
inspectors,  before  making  their  annual  report,  as  required  by 
the  preceding  section,  to  examine  the  list  of  legally  qualified 
teachers  on  file  in  the  office  of  the  township  clerk,  and  if  in  any 
school  district  a  school  shall  not  have  been  taught  for  the  time 
required  by  law  during  the  preceding  school  year  by  a  legally 
qualified  teacher,  no  part  of  the  public  money  shall  be  dis- 
tributed to  such  district,  although  the  report  from  such  dis- 
trict shall  set  forth  that  a  school  has  been  so  taught;  and  it 
shall  be  the  duty  of  the  board  to  certify  to  the  facts  in  rela- 
tion to  any  such  district  in  their  annual  report. 

(74.)  §  4696.  SEC.  5.  It  shall  be  the  duty  of  the  board  of 
inspectors  to  render  to  the 'township  board,  on  the  Tuesday 
next  preceding  the  annual  township  meeting,  a  full  and  true 
account  of  all  moneys  received  and  disbursed  by  them  as  such 
inspectors  during  the  year,  which  account  shall  be  settled  by 
said  township  board,  and  such  disbursements  allowed,  if  the 
proper  vouchers  are  presented. 

(75.)  §  4697.  SEC.  6.  The  whole  number  of  meetings  of 
the  township  board  of  school  inspectors  at  the  expense  of  the 
township,  during  any  one  school  year,  shall  not  exceed  eight; 
but  this  shall  not  be  construed  to  prevent  said  board  holding 
further  meetings  in  case  of  necessity,  provided  no  expense  to 
the  township  be  incurred. 


Inspectors  to 
examine  list 
of  qualified 
teachers. 


To  report 
districts  not 
employing 
such. 


Inspectors 
to  render 
account  to 
township 
board. 


Number  of 
meetings  of 
inspectors. 


Notice  of  meeting,  see  Section  4653.     Comp.  Section  31. 


TOWNSHIP  CLERK. 


Township 
clerk  to  be 
clerk  of  board 
of  inspectors. 


Duties  as 
such. 


To  notify 
county  clerk 
of  chairman 
of  board  of 
inspectors. 


To  make  map 
of  districts. 


(76.)  §  4698.  SEC.  7.  The  township  clerk  shall  be  the 
clerk  of  the  board  of  school  inspectors  by  virtue  of  his  office, 
and  shall  attend  all  meetings  of  said  board,  and,  under  their 
direction,  prepare  all  their  reports  and  record  the  same,  and 
shall  record  all  their  proceedings.  He  shall  also  receive  and 
keep  all  reports  to  inspectors  from  the  directors  of  the  several 
school  districts  in  his  township,  and  all  the  books  and  papers 
belonging  to  the  inspectors,  and  file  such  papers  in  his  office; 
and  he  shall  receive  all  such  communications,  blanks,  and 
documents  as  may  be  transmitted  to  him  by  the  superin- 
tendent of  public  instruction,  and  dispose  of  the  same  in  the 
manner  directed  by  said  superintendent. 

(77.)  §  4699.  SEC.  8.  It  shall  be  the  duty  of  the  township 
clerk  annually,  immediately  after  the  organization  of  the 
board  of  school  inspectors  of  his  township,  to  transmit  to  the 
county  clerk  a  certified  statement  of  the  name  and  post-office 
address  of  the  chairman  of  said  board,  and  in  case  there  shall 
be  a  change  in  such  chairman,  during  the  year,  he  shall  im- 
mediately notify  the  county  clerk  of  such  change. 

(78.)  §  4700.  SEC.  9.  Each  township  clerk  shall  cause  a 
map  to  be  made  of  this  township,  showing  by  distinct  lines 


GENERAL  SCHOOL  LAWS.  29 

thereon  the  boundaries  of  each  school  district,  and  parts  of 

school  districts  therein,  and  shall  regularly  number  the  same 

thereon  as  established  by  the  inspectors.     One  copy  of  such  where  map  to 

map  shall  be  filed  by  the  said  clerk  in  his  office,  and  one  other  be  filed- 

copy  he  shall  file  with  the  supervisor  of  the  township;  and 

within  one  month  after  any  division  or  alteration  of  a  district,  when  new 

J .  ,  .  .  ,  map  to  be 

or  the  organization  ot  a  new  one  in  his  township,  the  said  made, 
clerk  shall  file  a  new  map  and  copy  thereof  as  aforesaid,  show- 
ing the  same. 

That  certain  lands  are  within  a  particular  school  district  may  be  shown 
by  parol,  without  producing  maps,  plats  or  documents. — Brooks  v.  Fairchild, 
36  /  234. 

.(79.)  §  4701.  SEC.  10.  It  shall  be  the  duty  of  the  town- TO  report  to 
ship  clerk  of  each  township,  on  or  before  the  first  day  of  Octo-  IchooTta^es!1 
ber  of  each  year,  to  make  and  deliver  to  the  supervisor  of  his 
township  a  certified  copy  of  all  statements  on  file  in  his  office 
of  moneys  proposed  to  be  raised  by  taxation  in  each  of  the 
several  school  districts  of  the  township  for  school  purposes. 
He  shall  also  certify  to  the  supervisor  the  amount  to  be  as- 
sessed upon  the  taxable  property  of  any  school  district  retain- 
ing the  district  school-house  or  other  property,  on  the  division 
of  the  district,  as  the  same  shall  have  been  determined  by  the 
inspectors,  and  he  shall  also  certify  the  same  to  the  director 
of  such  district,  and  to  the  director  of  the  district  entitled 
thereto. 

(80.)     §  4702.     SEC.  11.     On    receiving    notice    from    the  TO  apportion 

/.     , ,  /•          i        i  school  inonevs 

county   treasurer   of   the   amount   of   school   moneys   appor-  received  from 

tioned  to  his  township  the  township  clerk  shall  apportion  the 

same  amount  to  the  several  districts  therein  entitled  to  the 

same  in  proportion  to  the  number  of  children  in  each  between 

the  ages  of  five  and  twenty  years,  as  the  same  shall  be  shown 

by  the  annual  report  of  the  director  of  each  district  for  the 

school  year  closing  prior  to  the  May  apportionment. 

Am.   1887,   Act  92. 

Apportionment  by  superintendent  of  public  instruction. — Moiles  v.  Watson, 
60  /  415. 

(81.)  §  4703.  SEC.  12.  Said  clerk  shall  also  apportion  to 
the  school  districts  in  his  township,  as  required  by  law,  on  re- 
ceiving  notice  of  the  amount  from  the  township  treasurer,  all 
moneys  raised  by  township  tax,  or  received  from  other  sources, 
for  the  support  of  schools;  and  in  all  cases  make  out  and  de- 
liver  to  the  township  treasurer  a  written  statement  of  the  treasurer, 
number  of  children  in  each  district  drawing  money,  and  the 
amount  apportioned  to  each  district,  and  record  the  apportion- 
ment in  his  office;  and  whenever  an  apportionment  of  the  pri-  TO  notify 

T        n     .     .  .     „        -,  ,    ,  directors  of 

mary  school  interest  fund,  or  moneys  raised  by  tax,  or  re-  amount 
ceived  from  other  sources,  is  made,  he  shall  give 'notice  of  the 
amount  to  be  received  bv  each  district  to  the  director  thereof. 


30 


GENERAL    SCHOOL   LAWS. 


TOWNSHIP   SUPERVISOR  AND  TREASURER. 


taxes. 


Assessment  (82.)  §  4704.  SEC.  13.  It  shall  be  the  duty  of  the  super- 
5?  district*011  visor  of  the  township  to  assess  the  taxes  voted  by  every  school 
district  in  his  township,  and  also  all  other  taxes  provided  for 
in  this  act,  chargeable  against  such  district  or  township,  upon 
the  taxable  property  of  the  district  or  township  respectively, 
and  to  place  the  same  on  the  township  assessment  roll  in  the 
column  for  school  taxes,  and  the  same  shall  be  collected  and 
returned  by  the  township  treasurer  in  the  same  manner  and 
for  the  same  compensation  as  township  taxes.  If  any  taxes 
provided  for  by  law  for  school  purposes  shall  fail  to  be  as- 
sessed at  the  proper  time,  the  same  shall  be  assessed  in  the 
succeeding  year. 


Taxes  not 

assessed  at 
proper  time. 


Assessment  of 
one-mm  tax. 


towncerk. 


In  township 
where  no 
districts  are 
formed. 


FAILURE  TO  ASSESS :  The  provision  in  the  last  clause  of  this  section 
applies  to  a  case  where  school  taxes  are  not  certified  by  the  board  to  the 
township  clerk  in  time  for  certification  to  the  supervisor  for  assessment. — • 
Wilcox  v.  Eagle  Twp.,  81  /  271.  See  Union  Sch.  Dist.  v.  Parris,  97  /  596. 

(83.)  §  4705.  SEC.  14.  The  supervisor  shall  also  assess 
upon  the  taxable  property  of  his  township  one  mill  upon  each 
dollar  of  the  valuation  thereof  in  each  year,  and  report  the 
aggregate  valuation  of  each  district  to  the  towiiship  clerk, 
who  shall  report  said  amount  to  the  director  of  each  school 
district  in  his  township,  or  to  the  director  of  any  fractional 
school  district,  a  portion  of  which  may  be  located  in  said 
township,  before  the  first  day  of  September  of  each  year;  and 
all  moneys  so  raised  shall  be  apportioned  by  the  township 
clerk  to  the  district  in  which  it  was  raised,  and  all  money  col- 
lected by  virtue  of  this  act  during  the  year  on  any  property 
not  included  in  any  organized  district,  or  in  districts  not  hav- 
ing, during  the  previous  school  year,  three  months'  school  in 
districts  having  less  than  thirty  children,  or  five  months' 
school  in  districts  having  thirty,  and  less  than  eight  hundred 
children,  or  nine  months'  school  in  districts  having  eight 
hundred  or  more  children,  as  shown  by  the  last  school  census, 
shall  be  apportioned  to  the  several  other  school  districts  of 
said  township  in  the  same  manner  as  the  primary  school  in- 
terest fund  is  now  apportioned.  All  moneys  accruing  from 
the  one-mill  tax  in  any  township  before  any  district  shall  have 
a  legal  school  therein  shall  belong  to  the  district  in  which  it 
was  raised  when  they  shall  severally  have  had  a  three  months' 
school  by  a  qualified  teacher. 

Am.    1887,    Act   84. 

See  Saginaw  Twp.  v.  Saginaw,  9  /  541  ;  Twp.  of  Deerfield  v.  Harper,  115  /  678. 

(84.)     §  4706.     SEC.  15.     The  amount  to  be  assessed  upon 
certaYntaxes    the   taxable   property   of   any   school    district   retaining  the 
L  school-house  or  other  property,  on  the  division  of  a  district, 
as  the  same  shall  have  been  determined  by  the  inspectors, 
shall  be  assessed  by  the  supervisor  in  the  same  manner  as  if 


GENERAL   SCHOOL   LAWS. 

the  same  had  been  authorized  by  a  vote  of  such  district;  and 
the  money  so  assessed  shall  be  placed  to  the  credit  of  the  tax- 
able property  taken  from  the  former  district,  and  shall  be  in 
reduction  of  any  tax  imposed  in  the  new  district  on  said  tax- 
able property  for  school  district  purposes :  Provided,  That  if  Proviso, 
the  district  retaining  the  school-house  shall  vote  to  pay,  and 
shall  pay,  before  said  taxes  are  assessed,  any  portion  of  said 
amount  to  the  new  district,  said  amount,  as  shall  be  certified 
by  the  moderator  and  director  of  the  new  district  to  the  super- 
visor, shall  be  deducted  from  the  amount  to  be  assessed  as  pro- 
vided in  this  section.  When  collected,  such  amount  shall  be 
paid  over  to  the  treasurer  of  the  new  district,  to  be  applied  to  applied, 
the  use  thereof  in  the  same  manner,  under  the  direction  of  its 
proper  officers,  as  if  such  sum  had  been  voted  and  raised  by 
said  district  for  building  a  school-house  or  other  district 
purposes. 

Am.  1901,  Act  165. 

NEW  DISTRICT :  The  money  when  collected,  must  be  paid  to  the  asses- 
sor of  the  new  district ;  and  if  wrongfully  paid  to  the  old  one,  the  new  dis- 
trict may  maintain  an  action  for  money  had  and  received,  against  the  old 
district. — Sch.  Dist.  v.  Sch.  Dist.,  40  /  551. 

(85.)  §  4707.  SEC.  16.  The  full  amount  of  all  taxes  to  be 
levied  upon  the  taxable  property  in  a  fractional  school  district 
shall  be  certified  by  the  district  board  to  the  township  clerk  of 
each  township  in  which  such  district  is  in  part  situated,  and 
by  such  township  clerks  to  the  supervisors  of  their  respective 
townships,  and  it  shall  be  the  duty  of  each  of  said  supervisors 
to  certify  to  each  other  supervisor  interested,  the  amount  of 
taxable  property  in  that  part  of  the  district  lying  in  his  town- 
ship: Provided,  That  when  there  exists  a  manifest  difference  Proviso, 
in  the  valuation  of  property  assessed  in  fractional  districts, 
composed  of  territory  in  adjoining  towrnships  or  counties,  such 
valuation  shall  be  equalized  for  this  specific  purpose  by  the 
supervisors  of  the  townships  interested  at  a  joint  meeting  held 
for  that  purpose,  on  application  of  either  of  the  supervisors 
of  said  townships.  And  such  supervisors  .shall  respectively 
ascertain  the  proportion  of  such  taxes,  including  mill  tax,  to  be 
placed  on  their  respective  assessment  rolls,  according  to  the 
amount  of  taxable  property  in  each  part  of  such  district  And  in  cases  of 
if  said  supervisors  cannot  agree  as  to  the  proportion  of  such 
taxes  to  be  placed  on  their  respective  assessment  rolls,  a  super- 
visor from  an  adjoining  township  shall  be  called  to  meet  with 
said  supervisors  in  said  fractional  district  and  assist  in  equal- 
izing said  valuation.  Said  supervisor  to  be  paid  at  the  rate  of 
three  dollars  per  diem  for  the  time  necessarily  employed  in 
attendance  at  such  meeting  of  the  supervisors,  and  all  neces- 
sary traveling  expenses,  by  the  townships  in  interest. 

Am.  1887,  Act  38  ;  1889,  Act  162. 

(86.)     §  4708.     SEC.  17.     The  supervisor,  on  delivery  of  the  statement  to 
w-arrant  for  the  collection  of  taxes  to  the  township  treasurer,  treasurer. 


GENERAL   SCHOOL   LAWS. 


Statement 
to  township 
treasurer  of 
one-mill  tax 
levied  in 
fractional 
district. 


shall  also  deliver  to  said  treasurer  a  written  statement  of  the 
amount  of  school  and  library  taxes,  the  amount  raised  for  dis- 
trict purposes  on  the  taxable  property  of  each  district  in  the 
township,  the  amount  belonging  to  any  new  district  on  the 
division  of  the  former  district,  and  the  names  of  all  persons 
having  judgments  assessed  under  the  provisions  of  this  act 
upon  the  taxable  property  of  any  district,  with  the  amount 
payable  to  such  person  on  account  thereof. 

(87.)  §  4709.  SEC.  18.  The  supervisor  of  each  township, 
on  the  delivery  of  the  warrant  for  the  collection  of  taxes  to  the 
township  treasurer,  shall  also  deliver  to  said  treasurer  a  writ- 
ten statement,  certified  by  him,  of  the  amount  of  the  one-mill 
tax  levied  upon  any  property  lying  within  the  bounds  of  a  frac- 
tional school  district,  a  part  of  which  is  situate  within  his 
township,  and  the  returns  of  which  are  made  to  the  clerk  of 
some  other  township;  and  the  said  township  treasurer  shall 
pay  to  the  township  treasurer  of  such  other  township  the 
amount  of  the  taxes  so  levied  and  certified  to  him  for  the  use 
of  such  fractional  school  district. 

(88.)  §  4710.  SEC.  19.  Whenever  any  portion  of  a  school 
district  shall  be  set  off  and  annexed  to  any  other  district,  or 
organized  into  a  new  one,  after  a  tax  for  district  purposes 
other  than  the  payment  of  any  debts  of  the  district  shall  have 
been  levied  upon  the  taxable  property  thereof,  but  not  col- 
lected, such  tax  shall  be  collected  in  the  same  manner  as  if  no 
part  of  such  district  had  been  set  off,  and  the  said  former  dis- 
trict, and  the  district  to  which  the  portion  so  set  off  may  be 
annexed  or  the  new  district  organized  from  such  portion,  shall 
each  be  entitled  to  such  proportion  of  said  tax  as  the  amount 
of  taxable  property  in  each  part  thereof  bears  to  the  whole 
amount  of  taxable  property  on  which  such  tax  is  levied. 


Collection 
and  appor- 
tionment 
of  taxes  on 
division  of 
district. 


See  Section  4658  and  notes.     Comp.  Section  136. 


School  taxes 
when  paid. 


(89.)  §  4711.  SEC.  20.  The  township  treasurer  shall  re- 
tain in  his  hands,  out  of  the  moneys  collected  by  him,  after 
deducting  the  amount1  of  tax  for  township  expenses,  the  full 
amount  of  the  school  taxes  on  the  assessment  roll,  and  hold 
the  same  subject  to  the  warrant  of  the  proper  district  officers, 
to  the  order  of  the  school  inspectors,  or  of  the  persons  entitled 
thereto,  and  give  a  written  notice  to  the  township  clerk  of  the 
amount. 


SCHOOL  TAXES :  The  township  treasurer  has  no  right  to  receive  for 
school  moneys  anything  which  the  law  has  not  authorized  to  be  received. 
If  he  does  so  and  receipts  for  the  taxes,  he  must  make  good  the  amount. — 
Jones  v.  Wright,  34  /  372  ;  Sch.  Dist.  v.  Sch.  Dist.,  40  /  554.  See  Elliott  v. 
Miller,  8  /  132,  and  notes  to  Section  2353.  The  liability  of  a  township  treasurer 
for  school  moneys  is  distinct  from  his  ordinary  liability  for  township  moneys, 
and  it  cannot  be  released  or  in  any  way  affected  by  the  action  of  the  town- 
ship board. — Jones  v.  Wright,  34  /  372.  As  to  the  custody,  etc..  of  school 
district  moneys,  see  notes  to  Section  4686,  subd.  4  ;  Section  4691,  subd.  1,  2  ;  and 
Section  4694. 


EXPLANATORY  NOTE  BY  SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION.— Section  20  is  practically  superseded  by  Section  52  of  Act  No.  206.  Public 
Acts  of  1893,  which  reads  as  follows  :  "In  case  the  township  treasurer  shall  not 


GENERAL  SCHOOL  LAWS.  33 

collect  the  full  amount  of  taxes  required  by  his  warrant  to  be  paid  into  the 
township  treasury,  suc-h  portion  thereof  as  he  shall  collect  shall  be  retained 
l)\  him  to  be  paid  out  for  the  following  purposes  :  The  amount  of  school  taxes 
collected  to  be  paid  on  the  order  of  the  school  district  officers,  the  amount 
collected  for  general  township  purposes  to  be  paid  on  the  order  of  the  town- 
ship board,  the  amount  collected  for  highway  purposes  to  be  paid  on  the 
-order  of  the  commissioner  of  highways  countersigned  by  the  township 
clerk  or  supervisor,  and  the  amount  collected  for  any  special  fund  to  be 
paid  on  the  order  of  the  proper  officer ;  but  in  no  case  shall  the  amounts 
collected  for  any  one  fund  be  paid  on  the  orders  drawn  on  any  other  fund." 

(90.)     §  4712.     SEC.  21.  The  township  treasurer  shall,  from  Township 
time  to  time,  apply  to  the  county  treasurer  for  all  school  and  ap6piyUtort 
library  moneys  belonging  to  his  township,  or  the  districts  treasurer 
thereof;  and  on  receipt  of  the  moneys  to  be  apportioned  to  the  for  moneys, 
districts,  he  shall  notify  the  township  clerk  of  the  amount  to  TO  notify 
be  apportioned. 

(91.)  §  4713.  SEC.  22.  Each  treasurer  of  a  township,  to  the  Moneys  due 
•clerk  of  which  the  returns  of  any  fractional  school  district 
shall  be  made,  shall  apply  to  the  treasurer  of  any  other  town- 
ship in  which  any  part  of  such  fractional  school  district  may 
be  situated,  for  any  money  to  which  such  district  may  be  en- 
titled; and  when  so  received  it  shall  be  certified  to  the  town- 
ship clerk,  and  apportioned  in  the  same  manner  as  other  taxes 
for  school  purposes. 


COUNTY  CLERK  AND  TREASURER. 

(92.)     §  4714.     SECTION  1.     It   shall   be   the   duty   of   each  county  clerk 
county  clerk  to  receive  all  such  communications,  blanks,  and 
documents  as  may  be  directed  to  him  by  the  superintendent  t 
of  public  instruction,  and  dispose  of  the  same  in  the  manner 
directed  by  said  superintendent. 

(!K>.)     §  4715.     SEC.  2.     The  clerk  of  each  county  shall,  on  county  clerk 
receiving  from  the  secretary  of  the  county  board  of  school  ex- 
aniiners  the  annual  reports  of  the  several  boards  of  school 
inspectors,  file  the  same  in  his  office.  On  receiving  notice  from  Notice  of 
the  superintendent  of  public  instruction  of  the  amount  of 
moneys  apportioned  to  the  several  townships  in  his  county 
he  shall  file  the  same  in  his  office,  and  forthwith  deliver  a  copy 
thereof  to  the  county  treasurer. 

Am.   1887,   Act  2GG. 

(94.)     §  471G.     SEC.  3.     The  several  county  treasurers  shall  county  treas- 
apply  for  and  receive  such  moneys  as  shall  have  been  appor-  fo?moneysly 
tioned  to  their  respective  counties,  when  the  same  shall  be-  appropriated, 
come  due;  and  each  of  said  treasurers  shall  immediately  give  TO  notify 
notice  to  the  treasurer  and  clerk  of  each  township  in  his  Skfo'F 
county,  of  the  amount  of  school  moneys  apportioned  to  his  amounts, 
township,  and  shall  hold  the  same  subject  to  the  order  of  the 
township  treasurer. 
5 


34 


GENERAL  SCHOOL  LAWS. 


BONDED    INDEBTEDNESS    OF    DISTRICTS. 


Two-thirds 
Yote  required 
to  borrow 
money. 


Indebtedness 
incurred  by 
district  re- 
stricted to 
a  certain 
amount. 


Indebtedness 
shall  not  ex- 
tend beyond 
ten  years. 


Who  to  consti- 
tute board  of 
inspection. 
Poll  list  and 
ballot-box  to 
be  used. 
Vote  to  be 
by  ballot. 
Canvass  how 
conducted. 


(95.)  §  4717.  SECTION  1.  The  People  of  the  State  of  Michi- 
gan enact:  That  any  school  district  may,  by  a  two-thirds  vote- 
of  the  qualified  electors  of  said  district  present  at  any  annual 
meeting,  or  at  a  special  meeting  called  for  that  purpose,  bor- 
row money,  and  may  issue  bonds  of  the  district  therefor,  to- 
pay  for  a  school  house  site  or  sites,  and  to  erect  and  furnish 
school  buildings  as  follows:  Districts  having  less  than  thirty 
children  between  five  and  twenty  years  of  age  may  have  an  in 
debtedness  not  to  exceed  three  hundred  dollars;  districts  hav- 
ing thirty  children  of  like  age  may  have  an  indebtedness  not  to 
exceed  five  hundred  dollars:  districts  having  forty  children  of 
like  age  may  have  an  indebtedness  not  to  exceed  seven  hun- 
dred fifty  dollars;  districts  having  fifty  children  of  like  age 
may  have  an  indebtedness  not  to  exceed  one  thousand  dollars; 
districts  having  seventy-five  children  of  like  age  may  have  an 
indebtedness  not  to  exceed  two  thousand  dollars;  districts 
having  one  hundred  children  of  like  age  may  have  an  indebt- 
edness not  to  exceed  three  thousand  dollars;  districts  having 
one  hundred  twenty-five  children  of  like  age,  and  with"  an  as- 
sessed valuation  of  not  less  than  one  hundred  and  fifty 
thousand  dollars,  may  have  an  indebtedness  not  to  exceed 
five  thousand  dollars;  districts  having  two  hundred  children 
of  like  age  may  have  an  indebtedness  not  to  exceed  eight 
thousand  dollars;  districts  having  three  hundred  children  of 
like  age  may  have  an  indebtedness  not  to  exceed  fifteen 
thousand  dollars;  districts  having  four  hundred  children  of 
like  age  may  have  an  indebtedness  not  to  exceed  twenty 
thousand  dollars;  districts  having  five  hundred  children  of 
like  age  may  have  an  indebtedness  not  to  exceed  twenty-five 
thousand  dollars;  and  districts  having  eight  hundred  children 
or  more  of  like  age  may  have  an  indebtedness  not  to  exceed 
thirty  thousand  dollars:  Provided,  That  the  indebtedness  of 
a  district  shall  in  no  case  extend  beyond  ten  years  for  money 
borrowed:  Provided  further,  That  "in  all  proceedings  under 
this  section  the  director,  treasurer,  and  one  person  appointed 
by  the  district  board,  shall  constitute  a  board  of  inspection, 
who  shall  cause  a  poll  list  to  be  kept  and  a  suitable  ballot-box 
to  be  used,  which  shall  be  kept  open  two  hours.  The  vote  shal1 
be  by  ballot,  either  printed  or  written,  or  partly  printed  and 
partly  written,  and  the  canvass  of  the  same  shall  be  conducted 
in  the  same  manner  as  at  township  elections  or  as  the  laws 
governing  the  same  are  applicable;  and  when  they  are  not  the 
board  of  inspectors  shall  prescribe  the  manner  in  which  can- 
vass shall  be  conducted. 


Am.  1887.  Act  56:  1893,  Act  4;  1899,  Act  190;  1901,  Act  105. 

TWO-THIRDS  VOTE  :  A  corporate  act,  which  can  be  taken  only  by  a. 
two-thirds  vote,  cannot  be  rescinded  by  a  bare  majority. — Stockdale  v.  Sch. 
Dist.,  47  /  226. 

BONDS :  A  vote  to  issue  school-district  bonds  in  settlement  of  a  demand, 
if  in  excess  of  the  limit  fixed  by  law,' may  be  sustained  up  to  the  legal  limit.. 


GENERAL    SCHOOL   LAWS.  35 

— Stockdale  v.  Sch.  Dist..  47  /  226.  The  purchaser  of  a  school  district  bond  has 
a  right  to  rely  upon  all  facts  asserted  or  appearing  upon  the  face  of  the 
bonds,  made  by  any  person  or  body  authorized  by  law  to  pass  upon  and 
determine  the  facts. — Gibbs  v.  Sch.  Dist.,  88  /  336.  Detaching  a  portion  of  a 
district  and  organizing  it  into  or  with  another  township. — People  v.  Ryan, 
19  /  203. 

(96.)     §  4718.     SEC.  2.     Whenever  any  school  district  shall  issuing  bonds 
have  voted  to  borrow  any  sum  of  money,  the  district  board  of  borrowed^ 
such  district  is  hereby  authorized  to  issue  the  bonds  of  such 
district,  in  such  form,  and  executed  in  such  manner  by  the 
moderator  and  director  of  such  district,  and  in  such  sums,  not 
less  than  fifty  dollars,  as  such  district  board  shall  direct,  and 
with  such  rate  of  interest,  not  exceeding  eight  per  centum  per 
annum,  and  payable  at  such  time  or  times  as  the  said  district 
shall  have  directed. 

The  statute  limits  the  authority  of  the  board,  in  issuing  bonds,  to  such  as 
are  authorized  by  the  district ;  and,  before  the  board  can  act,  it  has  a  func- 
tion to  perform  in  its  nature  somewhat  judicial.  It  must  pass  upon  the 
question  whether  the  proceedings  in  voting  the  bonds  are  such  as  will 
authorize  the  board  to  issue  them.  A  purchaser  of  the  bonds,  therefore, 
need  look  no  further  back  than  the  face  of  the  bonds  for  the  facts  which 
show  a  compliance  with  the  law. — Gibbs  v.  Sch.  Dist.,  88  /  337. 

(97.)  §  4719.  SEC.  3.  Whenever  any  money  shall  have  voters  may 
been  borrowed  by  any  school  district,  the  taxable  inhabitants 
of  such  district  are  hereby  authorized,  at  any  regular  meeting 
of  such  district,  to  impose  a  tax  on  the  taxable  property  in 
such  district,  for  the  purpose  of  paying  the  principal  thus  bor- 
rowed, or  any  part  thereof,  and  the  interest  thereon,  to  be 
levied  and  collected  as  other  school  district  taxes  are  collected. 

(98.)     §  4720.     SEC.  4.     Any    school    district,    whenever   it 
shall  appear  that  the  same  can  be  done  on  terms  advantageous  to 
to  said  district,  may  bocrowr  money  to  pay  any  bonded  indebt- 
edness  of  said  district  then  existing,  and  issue  further  bonds 
of  said  district  therefor:     Provided,  That  a  majority  of  the  Proviso, 
qualified  voters  of  said  district  shall  so  determine,  at  an  an- 
nual or  special  meeting  called  for  that  purpose;  and  that  the 
notice  of  such  meeting,  whether  annual  or  special,  shall  state 
the  intention  to  take  such  vote. 

SUITS   AND   JUDGMENTS   AGAINST    DISTRICTS. 

(99.)     §  4721.     SECTION  1.     Justices  of  the  peace  shall  have  J^JJ8 
jurisdiction  in  all  cases  of  assumpsit,  debt,  covenant,  and  tres-  jurisdiction  in 
pass  on  the  case  against  school  districts,  when  the  amount  certam  cases> 
claimed,  or  matter  in  controversy  shall  not  exceed  one  hun- 
dred dollars;  and  the  parties  shall  have  the  same  right  of  ap- 
peal as  in  other  cases. 

As  to  corporate  powers,  etc.,  see  note  to  Section  4652.  Liability  for  debts 
after  changes  made  in  districts. — See  Sections  4657-8  and  notes.  Action  of 
one  district  against  another  for  money  had  and  received. — Sch.  D'st.  v.  Sch. 
Dist.,  40  /  551. 

(100.)     §  4722.     SEC.  2.     When  any  suit  shall  be  brought  suit  against 
against  a  school  district,  it  shall  be  commenced  by  summons, 


36 


GENERAL   SCHOOL   LAWS. 


No  execution 
to  issue 
against 
district. 


Treasurer  to 

certify  to 

supervisor 

judgment 

against 

district. 


a  copy  of  which  shall  be  left  with  the  treasurer  of  the  district 
at  least  eight  days  before  the  return  day  thereof. 

Am.  1901,  Act  165. 

(101.)  §  4723.  SEC.  3.  No  execution  shall  issue  on  any 
judgment  against  a  school  district,  nor  shall  any  suit  be 
brought  thereon,  but  the  same  shall  be  collected  in  the  manner 
prescribed  in  this  act. 

(102.)  §  4724..  SEC.  4.  Whenever  any  final  judgment  shall 
be  obtained  against  a  school  district,  if  the  same  shall  not  be 
removed  to  any  other  court,  the  treasurer  of  the  district  shall 
certify  to  the  supervisor  of  the  township  and  to  the  director 
of  the  district,  the  date  and  amount  of  such  judgment,  with 
the  name  of  the  person  in  whose  favor  the  same  was  rendered, 
and  if  the  judgment  shall  be  removed  to  another  court,  the 
assessor  [treasurer]  shall  certify  the  same  as  aforesaid,  im- 
mediately after  the  final  determination  thereof  against  the 
district. 

Am.  1901,  Act  165. 

(103.)  §  4725.  SEC.  5.  If  the  treasurer  shall  fail  to  certify 
the  judgment  as  required  in  the  preceding  section,  it  shall  be 
lawful  for  the  party  obtaining  the  same,  his  executors,  admin- 
istrators, or  assigns,  to  file  with  the  supervisor  the  certificate 
of  the  justice  or  clerk  of  the  court  rendering  the  judgment, 
showing  the  facts  which  should  have  been  certified  by  the 
treasurer. 

Am.  Id. 

(104.)  §  4726.  SEC.  G.  If  the  district  against  whom  any 
such  judgment  shall  be  rendered  is  situated  in  part  in  two  or 
more  townships,  a  certificate  thereof  shall  be  delivered  as 
aforesaid  to  the  supervisor  of  each  township  in  which  such 
district  is  in  part  situated. 

(105.)  §  4727.  SEC.  7.  The  supervisor  or  supervisors,  re- 
ceiving either  of  the  certificates  of  a  judgment  as  aforesaid 
shall  proceed  to  assess  the  amount  thereof,  with  interest  from 
the  date  of  the  judgment  to  the  time  when  the  warrant  for  the 
collection  thereof  will  expire,  upon  the  taxable  property  of  the 
district,  placing  the  same  on  the  next  township  assessment 
roll  in  the  column  for  school  taxes;  and  the  same  proceedings 
shall  be  had,  and  the  same  shall  be  collected  and  returned  in 
the  same  manner  as  other  district  taxes. 


When  treas- 
urer fails  to 
certify,  how 
party  may 
proceed. 


How  judg- 
ment certi- 
fied in  case 
of  fractional 
district. 


Supervisors 
to  assess 
amount  of 
judgment. 


How  collected 
and  returned. 


Voters  to 
designate 
sites. 


when  inspec- 
determine 


SITES    FOR    SCHOOL-HOUSES. 

(106.)  §  4728.  SECTION  1.  The  qualified  voters  of  any 
school  district,  when  lawfully  assembled,  may  designate  by  a 
vote  of  two-thirds  of  those  present,  such  number  of  sites  as 
may  be  desired  for  school-houses,  and  may  change  the  same 
by  a  similar  vote  at  any  annual  meeting.  When  no  site  can  be 
established  by  such  inhabitants  as  aforesaid,  the  school  in- 
spectors  of  the  township  or  townships  in  which  the  district  is 
situated  shall  determine  where  such  site  shall  be,  and  their 
determination  shall  be  certified  to  the  director  of  the  district, 


GENERAL    SCHOOL   LAWS.  37 

and  shall  be  final,  subject  to  alteration  afterward  by  the  in- 
spectors, on  the  written  request  of  two-thirds  of  the  qualified 
voters  of  the  district,  or  by  two-thirds  of  the  qualified  voters 
agreeing  upon  a  site,  at  a  district  meeting  lawfully  called. 

DESIGNATING  SITES  :  See  Section  4665,  subd.  4.  Proceedings  to  condemn 
land  for  a  site  will  be  quashed  if  there  is  no  lawful  designation  thereof 
shown  by  the  records. — Heck  v.  Sch.  Dist. ,  49  /  551.  After  the  lapse  of  a 
dozen  years  it  is  too  late  to  disturb  the  title  to  a  school-house  site  by  mere 
questions  of  regularity  in  the  proceedings  to  designate  it.  School  districts 
are  apt  to  act  with  great  informality  in  their  corporate  matters  ;  and  it  is 
a  sound  rule  to  let  general  acquiescence  cover  the  errors. — Sch.  Dist.  v. 
Everett,  52  /  318. 

NO   SITE    ESTABLISHED :      It   is   only   when   the   inhabitants   cannot   agree 
in   establishing  any   site  at   all,   that   the   inspectors   are   allowed   to   fix   one. — 
Andress  v.  Inspectors.  19  /  332. 
-     TWO-THIRDS  VOTE  :     See  note  to  Section  4717. 

(107.)     §  4729.     SEC.  2.  Whenever  a  site  for  a  school-house  Disagreement 
shall  be  designated,  determined  or  established,  in  any  manner 
provided  by  law7,  in  any  school  district,  and  such  district  shall 
be  unable  to  agree  with  the  owrner  or  owners  of  such  site  upon 
the  compensation  to  be  paid  therefor,  or  in  case  such  district 
shall,  by  reason  of  any  imperfection  in  the  title  to  said  site, 
arising  either  from  break  in  the  chain  of  title,  tax  sale,  mort- 
gages, levies,  or  any  other  cause,  be  unable  to  procure  a  per- 
fect, unincumbered  title  in  fee  simple  to  said  site,  the  district  Board  to 
board  of  such  district  shall  authorize  one  or  more  of  its  mem 
bers  to  apply  to  the  circuit  judge,  if  there  be  one  in  the  county, 
or  to  a  circuit  court  commissioner  of  the  county,  or  to  any 
justice  of  the  peace  of  the  city  or  township  in  which  such 
school  district  shall  be  situated,  for  a  jury  to  ascertain  and 
determine  the  just  compensation  to  be  made  for  the  real  estate 
required  by  such  school  district  for  such  site,  and  the  necessity 
for  using  the  same,  which  application  shall  be  in  writing,  and  contents  of 
shall  describe  the  real  estate  required  by  such  district  as  ac-  aPPllcatwn- 
curately  as  is  required  in  a  conveyance  of  real  estate-    Pro-  proviso— 
vided,  That  whenever  any  schoof  district  shall  have  desig-  necessity0* 
nated,  selected,  or  established,  in  any  manner  provided  by  law,  for  site/ 
a  school-house  site,  such  selection,  designation,  or  establish- 
ment shall  be  prima  facie  evidence  to  said  jury  of  the  necessity 
to  use  the  site  so  established. 

CONDEMNATION :  The  jurisdiction  to  condemn  lands  for  a  school-house 
site  is  invoked  by  presenting  to  the  proper  officer  a  petition  designating  the 
site  and  showing  disagreement  with  the  owner  as  to  compensation  for  it. — 
Smith  v.  Sch.  Dist.,  40  /  145.  Proceedings  to  condemn  land  for  a  school-house 
site  will  be  quashed  if  there  is  no  lawful  designation  thereof  shown  by  the 
records. — Heck  v.  Sch.  Dist.,  49  /  551.  For  the  constitutional  questions  in- 
volved in  the  taking  of  private  property  for  public  use,  see  Const,  xv,  9,  15  ; 
xviii,  2,  14. 

(108.)  §  4730.  SEC.  3.  It  shall  be  the  duty  of  such  circuit 
judge,  circuit  court  commissioner,  or  justice  of  the  peace,  upon 
such  application  being  made  to  him,  to  issue  a  summons  or 
venire,  directed  to  the  sheriff  or  any  constable  of  the  county, 
commanding  him  to  summon  eighteen  freeholders  residing  in 
the  vicinity  of  such  site,  wrho  are  in  nowise  of  kin  to  the  owner 
of  such  real  estate,  and  not  interested  therein,  to  appear  be- 
fore such  judge,  commissioner,  or  justice,  at  the  time  and  place 
therein  named,  not  less  than  twenty  nor  more  than  fifty  days 


38 


GENERAL    SCHOOL   LAWS. 


Owner  to 
be  notified. 


Notice  in  case 
owner  is 
unknown,  etc. 


from  the  time  of  issuing  such  summons  or  venire,  as  a  jury  to 
ascertain  and  determine  the  just  compensation  to  be  made 
for  the  real  estate  required  by  such  school  district  for  such 
site,  and  the  necessity  for  using  the  same,  and  to  notify  the 
owner  or  occupant  of  such  real  estate,  if  he  can  be  found  in 
the  county,  of  the  time  when  and  the  place  where  such  jury 
is  summoned  to  appear,  and  the  object  for  which  such  jury  is 
summoned;  which  notice  shall  be  served  at  least  ten  days  be- 
fore the  time  specified  in  such  summons  or  venire  for  the  jury 
TO  appear  as  hereinbefore  mentioned. 

(109.)  §  4731.  SEC.  4.  Thirty  days'  previous  notice  of  the 
time  when  and  the  place  where  such  jury  wTill  assemble  shall  be 
given  by  the  district  board  of  such  district,  where  the  owner  or 
owners  of  such  real  estate  shall  be  unknown,  non-residents  of 
the  county,  minors,  insane,  non  compos  mentis,  or  inmates  of 
any  prison,  by  publishing  the  same  in  a  newspaper  published 
in  the  county  where  such  real  estate  is  situated;  or  if  there  be 
no  newspaper  published  in  such  county,  then  in  some  news- 
paper published  in  the  nearest  county  where  a  newspaper  is 
published,  once  in  each  week  for  four  successive  weeks,  which 
notice  shall  be  signed  by  the  district  board  or  by  the  director 
or  assessor  of  such  district,  and  shall  describe  the  real  estate 
required  for  such  site,  and  state  the  time  when  and  place 
wrhere  such  jury  will  assemble,  and  the  object  for  which  they 
will  assemble;  or  such  notice  may  be  served  on  such  owner 
personally,  or  by  leaving  a  copy  thereof  at  his  last  place  of 
residence. 

(110.)  §  4732.  SEC.  5.  It  shall  be  the  duty  of  such  judge, 
commissioner,  or  justice,  and  of  the  persons  summoned  as 
jurors,  as  hereinbefore  provided,  and  of  the  sheriff  or  consta- 
ble summoning  them,  to  attend  at  the  time  and  place  specified 
in  such  summons  or  venire;  and  the  officer  who  summoned  the 
jury  shall  return  such  summons  or  venire  to  the  officer  who 
issued  the  same,  with  the  names  of  the  persons  summoned  by 
him  as  jurors,  and  shall  certify  the  manner  of  notifying  the 
owner  or  owners  of  such  real  estate,  if  he  was  found;  and  if  he 
could  not  be  found  in  said  county,  he  shall  certify  that  fact. 
Either  party  may  challenge  any  of  the  said  jurors  for  the  same 
causes  as  in  civil  actions.  If  more  than  twelve  of  said  jurors 
in  attendance  shall  be  found  qualified  to  serve  as  jurors,  the 
officer  in  attendance,  and  who  issued  the  summons  or  venire 
for  such  jury,  shall  strike  from. the  list  of  jurors  a  number  suf- 
ficient to  reduce  the  number  of  jurors  in  attendance  to  twelve; 
and  in  case  less  than  twelve  of  the  number  so  summoned  as 
jurors  shall  attend,  the  sheriff  or  constable  shall  summon  a 
sufficient  number  of  freeholders  to  make  up  the  number  of 
twelve;  and  the  officer  issuing  the  summons  or  venire  for  such 
jury,  may  issue  an  attachment  for  any  person  summoned  as  a 
juror  who  shall  fail  to  attend,  and  may  enforce  obedience  to 
such  summons,  venire,  or  attachment,  as  courts  of  record,  or 
justices'  courts  are  authorized  to  do  in  civil  cases. 


Return  of 
venire  and 
proceedings 
thereon. 


Attachment 
may  issue  to 
enforce 
ohedience 
to  process. 


GENERAL    SCHOOL   LAWS.  39 

A  party  present,  or  represented,  at  the  impaneling  of  the  jury  will  be 
•deemed  to  have  waived  all  objections  to  the  jury,  if  he  makes  none  then. — 
Smith  v.  Sch.  Dist.,  40  /  143. 

(111.)     §  4733.     SEC.  6.     The  twelve  persons  selected  as  the  Jury  to 

,,,-.•,  i        ji        •     T  •      •  .be  sworn. 

jury  shall  be  duly  sworn  by  the  judge,  commissioner,  or  jus- 
tice in  attendance,  faithfully  and  impartially  to  inquire,  as- 
certain, and  determine  the  just  compensation  to  be  made  for 
the  real  estate  required  by  such  school  district  for  such  site, 
and  the  necessity  for  using  the  same  in  the  manner  proposed 
by  such  school  district;  and  the  persons  thus  sworn  shall  con- 
stitute the  jury  in  such  case.  Subpoenas  for  witnesses  may  be  subpoenas  for 
issued,  and  their  attendance  compelled  by  such  circuit  judge,  w 
commissioner,  or  justice  in  the  same  manner  as  may  be  done 
by  the  circuit  court  or  by  a  justice's  court  in  civil  cases.  The 
jury  may  visit  and  examine  the  premises,  and  from  such  ex-  forakng 
animation  and  such  other  evidences  as  may  be  presented  be- land- 
fore  them,  shall  ascertain  and  determine  the  necessity  for  us- 
ing such  real  estate  in  the  manner  and  for  the  purpose  pro- 
posed by  such  school  district,  and  the  just  compensation  to  be 
made  therefor;  and  if  such  jury  shall  find  that  it  is  necessary 
that  such  real  estate  shall  be  used  in  the  manner  or  for  the 
purpose  proposed  by  such  school  district,  they  shall  sign  a 
certificate  in  writing,  stating  that  it  is  necessary  that  said  real 
estate,  describing  it,  should  be  used  as  a  site  for  a  school- 
house  for  such  district;  .also  stating  the  sum  to  be  paid  by  such 
school  district  as  the  just  compensation  for  the  same.  The  thefor 
said  circuit  judge,  circuit  court  commissioner,  or  justice  of  the 
peace,  shall  sign  and  attach  to,  and  indorse  upon  the  certificate 
thus  subscribed  by  the  said  jurors,  a  certificate  stating  the 
time  when  and  the  place  where  the  said  jury  assembled,  that 
they  were  by  him  duly  sworn  as  herein  required,  and  that  they 
subscribed  the  said  certificate.  He  shall  also  state  in  such 
certificate  who  appeared  for  the  respective  parties  on  such 
hearing  and  inquiry,  and  shall  deliver  such  certificates  to  the 
director,  or  to  any  member  of  the  district  board  of  such  school 
district. 

As  to  the  oath  to  the  jurors,  their  duties  and  the  determination  of  the  ne- 
cessity and  compensation,  see  notes  to  Const,  xv,  9,  15  ;  xviii,  2,  14. 

(112.)     §  4734.     SEC.  7.     Upon  filing  such  certificates  in  the  collection  of 
circuit  court  of  the  county  W7here  such  real  estate  is  situated,  •1udgme 
such  court  shall,  if  it  finds  all  the  proceedings  regular,  render 
judgment  for  the  sum  specified  in  the  certificate  signed  by 
such  jury,  against  such  school  district,  which  judgment  shall 
be   collected   and   paid   in   the  manner   as   otlier   judgments 
against  school  districts  are  collected  and  paid. 

Smith  v.  Sch.  Dist.,  40  /  143.  Mandamus  will  not  lie  to  compel  a  circuit 
judge  to  overrule  his  finding  that  the  proceedings  taken  for  the  condemna- 
tion of  a  site  were  irregular  and  to  compel  him  to  enter  judgment  for  the 
amount  found  due. — Sch.  Dist.  v.  Judge,  49  /  432. 


40 


GENERAL    SCHOOL   LAWS. 


When  owner  is 
unknown,  etc., 
money  to  be 


county  treas- 
urer. 


Proviso— how 
money  to  be 
drawn  from 
county  treas- 
urer. 


On  payment 
court  to  decree 
title  vested  in 
district. 


Copy  of  decree 
to  be  recorded. 


When  district 
to  take 
possession. 


Writ  of 
possession  to 
be  issued  by 
county  clerk 
to  sheriff. 


Sheriff  to 

remove 

respondent. 


(113.)  §  4735.  SEC.  8.  In  case  the  owner  of  such  real 
estate  shall  be  unknown,  insane,  non  compos  mentis,  or  an  in- 
fant, or  cannot  be  found  within  such  county,  it  shall  be  lawful 
for  the  said  school  district  to  deposit  the  amount  of  such  judg- 
ment with  the  county  treasurer  of  such  county,  for  the  use  of 
the  person  or  persons  entitled  thereto;  and  it  shall  be  the  duty 
of  such  county  treasurer  to  receive  such  money,  and  at  the 
time  of  receiving  it,  to  give  a  receipt  or  certificate  to  the  per- 
son depositing  the  same  with  him,  stating  the  time  when  such 
deposit  was  made,  and  for  what  purpose;  and  such  county 
treasurer  and  his  sureties  shall  be  liable  on  his  bond  for  any 
money  which  shall  come  into  his  hands  under  the  provisions 
of  this  act,  in  case  he  shall  refuse  to  pay  or  account  for  the 
same,  as  herein  required:  Provided,  That  no  such  money  shall 
be  drawn  from  such  county  treasurer,  except  upon  an  order  of 
the  circuit  court,  circuit  court  commissioner,  or  judge  of  pro- 
bate, as  hereinafter  provided. 

(114.)  §  4736.  SEC.  9.  Upon  satisfactory  evidence  being 
presented  to  the  circuit  court  of  the  county  where  such  real 
estate  lies,  that  such  judgment,  or  the  sum  ascertained  and  de- 
termined by  the  jury  as  the  just  compensation  to  be  paid  by 
such  district  for  such  site,  has  been  paid,  or  that  the  amount 
thereof  has  been  deposited  according  to  the  provisions  of  the 
preceding  sections,  such  court  shall,  by  an  order  or  decree, 
adjudge  and  determine  that  the  title  in  fee  of  such  real  estate 
shall,  from  the  time  of  making  such  payment  or  deposit,  for- 
ever thereafter  be  vested  in  such  school  district  and  its  suc- 
cessors and  assigns,  and  shall,  in  and  by  such  order  or  decree, 
award  to  such  school  district  a  writ  of  possession  for  the  re- 
covery of  the  possession  of  such  real  estate;  a  copy  of  which 
order  or  decree,  certified  by  the  clerk  of  said  county,  shall  be 
recorded  in  the  office  of  the  register  of  deeds  of  such  county, 
and  the  title  of  such  real  estate  shall  thenceforth,  from  the 
time  of  making  such  payment  or  deposit,  be  vested  forever 
thereafter  in  such  district  and  its  successors  and  assigns  in 
fee. 

(115.)  §  4737.  SEC.  10.  Such  school  district  may,  at  any 
time  after  making  the  payment  or  deposit  hereinbefore  re- 
quired, enter  upon  and  take  possession  of  such  real  estate  for 
the  use  of  said  district.  And  it  shall  be  the  duty  of  the  county 
clerk  of  said  county,  on  the  request  of  said  school  district,  to 
issue  out  of  and  under  the  seal  of  the  circuit  court  of  said 
county  a  writ  of  possession  as  awarded  in  such  order  or  de- 
cree; which  writ  shall  be  directed  to  the  sheriff  of  said  county, 
and  shall  be  tested  and  made  returnable,  and  shall  be  sub- 
stantially, so  far  as  may  be,  in  the  same  form  provided  for 
wrrits  of  possession  in  actions  of  ejectment;  and  it  shall  be  the 
duty  of  such  sheriff  thereupon  to  remove  the  respondent  or  re- 
spondents in  such  proceedings,  and  all  persons  holding  under 
them  or  either  of  them,  from  the  real  estate  described  in  such 


GENERAL   SCHOOL  LAWS.  41 

decree  and  in  such  writ,  and  deliver  the  possession  thereof 
with  the  appurtenances  to  such  school  district. 

(116.)     §  4738.     SEC.  11.     In  case  the  jury  hereinbefore  pro- when  jury 
vided  for  shall  not  agree,  another  jury  may  be  summoned  in  the  cfe^fmglfmay0" 
same  manner,  and  the  same  proceedings  may  be  had,  except  and  i^ew^ury 
that  no  further  notice  of  the  proceedings  shall  be  necessary;  summoned. 
but  instead  of  such  notice,  the  judge,  commissioner,  or  justice 
may  adjourn  the  proceedings  to  such  time  as  he  shall  think 
reasonable,  not  exceeding  thirty  days,  and  shall  make  the  pro- 
cess to  summon  a  jury  returnable  at  such  time  and  place  as 
the  said  proceedings  shall  be  adjourned  to.    Such  proceedings  £^journ- 
may  be  adjourned  from  time  to  time  by  the  said  judge,  or  com-  tS'exce'ed 
missioner,  or  justice,  on  the  application  of  either  party,  and  three  montns- 
for  good  cause,  to  be  sjhown  by  the  party  applying  for  such  ad- 
journment, unless  the  other  party  shall  consent  to  such  ad- 
journment; but  such  adjournments  shall  not  in  all  exceed 
three  months. 

(117.)  §  4739.  SEC.  12.  In  case  the  said  school-house  site  Proceedings 
is  encumbered  by  mortgage,  levy,  tax  sale,  or  otherwise,  as 
aforesaid,  the  mortgagee,  or  other  parties  claiming  to  be  inter- 
ested in  said  title,  shall  severally  be  made  a  party  to  the  pro- 
cedure as  aforesaid,  and  shall  be  authorized  upon  the  filing  of 
the  certificate  of  the  jury  in  the  circuit  court  of  the  said 
county,  to  appear  before  the  circuit  judge  and  make  proof  rela- 
tive to  their  proportionate  claims  to  the  said  site,  or  the  com- 
pensation to  be  made  therefor,  as  determined  by  said  jury. 
And  the  said  circuit  judge  shall,  by  decree,  settle  their  several 
claims  in  accordance  with  the  rights  of  the  parties  respect- 
ively, and  may  divide  the  sum  awarded  by  said  jury  between 
the  claimants  as  in  his  judgment  will  be  equitable  and  right, 
rendering  against  said  district  a  separate  judgment  for  each 
of  the  amounts  so  awarded. 

(118.)  §  4740.  SEC.  13.  The  circuit  judge,  judge  of  pro- 
bate,  or  circuit  court  commissioner  of  any  county  where  any  county  tres- 
money  has  been  deposited  with  the  county  treasurer  of  such  drawn!ay  b< 
county,  as  hereinbefore  provided,  shall,  upon  the  written  ap- 
plication of  any  person  or  persons  entitled  to  such  money,  and 
upon  receiving  satisfactory  evidence  of  the  right  of  such  appli- 
cant to  the  money  thus  deposited,  make  an  order  directing  the 
county  treasurer  to  pay  the  money  thus  deposited  with  him  to 
said  applicant;  and  it  shall  be  the  duty  of  such  county  treas- 
urer, on  the  presentation  of  such  order,  with  the  receipt  of  the 
person  named  therein,  indorsed  on  said  order  and  duly  ac- 
knowledged, in  the  same  manner  as  conveyances  of  real  estate 
are  required  to  be  acknowledged,  to  pay  the  same;  and  such 
order,  with  the  receipt  of  the  applicant  or  person  in  whose 
favor  the  same  shall  be  drawn,  shall,  in  all  courts  and  places, 
be  presumptive  evidence  in  favor  of  such  county  treasurer,  to 
exonerate  him  from  all  liability  to  any  person  or  persons  for 
said  money  thus  paid  by  him. 
6 


42 


GENERAL    SCHOOL   LAWS. 


Compensation 
of  officers, 
etc.,  on 
proceedings. 


When  judge, 
etc.,  unable 
to  attend, 
another  may 
finish  pro- 
ceedings. 


(119.)  §  4741.  SEC.  14.  Circuit  judges,  circuit  court  com- 
missioners, and  justices  of  the  peace,  for  any  services  rendered 
under  the  provisions  of  this  act,  shall  be  entitled  to  the  same 
fees  and  compensation  as  for  similar  services  in  other  special 
proceedings.  Jurors,  constables,  and  sheriffs  shall  be  entitled 
to  the  same  fees  as  for  like  services  in  civil  cases  in  the  circuit 
court. 

(120.)  §  4742.  SEC.  15.  In  case  any  circuit  judge,  circuit 
court  commissioner,  or  justice  of  the  peace,  who  shall  issue  a 
summons  or  venire  for  a  jury,  shall  be  unable  to  attend  to  any 
of  the  subsequent  proceedings  in  such  case,  any  other  circuit 
court  commissioner  or  justice  of  the  peace  may  attend  and 
finish  said  proceedings. 


APPEALS    FROM   ACTION    OF    INSPECTORS. 


Appeal  of 


districts. 


(121.)  §  4743.  SECTION  1.  Whenever  any  five  or  more 
tax-paying  electors,  having  taxable  property  within  any  school 
district,  shall  feel  themselves  aggrieved  by  any  action,  order, 
or  decision  of  the  board  of  school  inspectors,  with  reference  to 
the  formation,  or  any  division,  or  consolidation  of  said  school 
district,  they  may,  at  any  time  within  sixty  days  from  the  time 
of  such  action  on  the  part  of  said  school  inspectors,  appeal 
from  such  action,  order,  or  decision  of  said  board  of  school 
inspectors  to  the  township  board  of  the  township  in  which 
such  school  district  is  situated,  and  in  case  of  fractional  school 
districts,  notice  of  such  appeal  shall  be  served  on  the  clerk  of 
the  joint  boards  of  school  inspectors  who  have  made  the  deci- 
sion appealed  from,  who  shall,  writhin  five  days,  give  notice 
thereof  to  the  towrnship  boards  of  the  several  townships  in 
which  the  different  parts  of  said  fractional  school  district  are 
situated,  who  shall  have  powrer,  and  whose  duty  it  shall  be, 
acting  jointly,  to  entertain  such  appeal,  and  review,  confirm, 
set  aside,  or  amend  the  action,  order,  or  decision  of  the  board 
of  school  inspectors  thus  appealed  from;  or  if  in  their  opinion 
the  appeal  is  frivolous  or  without  sufficient  cause,  they  may 
summarily  dismiss  the  same. 

Am.  1883,  Act  82. 

ACTION  OF  INSPECTORS :  The  board  of  inspectors  act  in  the  exercise 
of  a  public  discretionary  power  in  creating  or  changing  districts,  which  can 
be  reviewed,  if  at  all,  only  by  some  direct  appellate  process  which  operates 
upon  the  proceedings  themselves  to  affirm,  reverse  or  change  them. — Clement 
v.  Everest,  29  /  19. 

APPEAL :  The  appeal  to  the  town  board  is  not  on  legal  questions,  but 
transfers  to  them  the  same  discretionary  authority  which  the  inspectors  have 
when  there  is  no  appeal.  And  by  appealing,  the  parties  waive  those  ques- 
tions which  require  judicial  review  and  submit  themselves  to  the  discretion 
of  the  town  board  ;  and  a  certiorari  to  the  town  board  does  not  open  the  do- 
ings of  the  inspectors. — Brody  v.  Penn  Twp.  Board,  32  /  273.  Where  the  sum- 
mary method  of  reviewing  the  proceedings  by  appeal  has  not  been  resorted 
to,  there  should  be  some  special  and  extraordinary  reasons  appearing  to 
justify  a  resort  to  quo  warranto. — Lord  v.  Every,  38  /  405.  The  township 
board  has  jurisdiction  of  appeals  from  decisions  of  the  board  of  school  in- 
spectors fixing  the  amount  to  be  paid  by  an  old  school  district  to  a  new 
one,  where  the  latter  comprises  part  of  the  same  territory  and  the  former 
retains  the  school  property. — School  Dist.  v.  Wilcox,  48  /  404.  When  it  seems 
an  appeal  could  not  be  taken. — Sch.  Dist.  v.  Sch.  Dist.,  63  /  57-8. 


GENERAL    SCHOOL   LAWS.  43 

(122.)     §  4744.     SEC.  2.     Said  appellants  shall,  before  tak-  Appellants  to 
ing  such  appeal,  make  out  and  file  with  the  board  of  school  in-  of^ause  am?* 
spectors,  or  in  case  of  fractional  school  districts  to  the  clerk  Demand  for 
of  the  joint  boards  of  school  inspectors,  a  written  statement,  ai 
to  be  signed  by  said  appellants,  setting  forth  in  general  terms 
the  action,  order,  or  decision  of  the  board  or  boards  of  school 
inspectors,  with  respect  to  which  the  appellants  feel  them- 
selves aggrieved,  and  their  demand  for  an  appeal  therefrom 
to  the  township  board  or  boards  of  said  township  or  town- 
ships, and  shall  also  cause  to  be  executed  and  signed  by  one  of  Appellants  to 
their  number,  and  by  two  good  and  sufficient  sureties,  to  be 
approved  by  the  clerk  of  said  board  or  joint  boards  of  school 
inspectors,  or  by  any  justice  of  the  peace  of  the  township,  and 
filed  with  the  clerk  of  said  board  or  joint  boards  of  school  in- 
spectors, a  bond  to  the  people  of  the  state  of  Michigan  in  the 
penal  sum  of  two  hundred  dollars,  conditioned  for  the  due 
prosecution   of  said  appeal   before   said   township   board   or 
boards  acting  jointly,  and  also  in  case  of  the  dismissal  of  said 
appeal  as  frivolous  by  said  township  board  or  joint  boards, 
for  the  payment  by  said  appellants  of  all  costs  occasioned  to 
the  township  or  townships  [by  reason]  of  said  appeal. 

Am.    Id. 

BOND  :  The  statute  is  positive  in  requiring  the  bond  to  be  approved  and  it 
can  not  be  dispensed  with. — Clement  v.  Everest,  29  /  21.  The  appeal  is  not 
complete  without  such  approval. — Jd. 

(123.)     §  4745.     SEC.  3.     Upon   the   filing   of    such    appeal  Duty  of  in- 
papers  and  bond  with  the  said  board  or  joint  boards  of  school 
inspectors,  the  said  board  or  joint  boards  of  school  inspectors 
shall,  within  ten  days  thereafter,  make  out  and  file  with  the 
clerk   of   said   township   in   which   the   said   school-house   is 
located,  a  full  and  complete  transcript  of  all  their  proceedings, 
actions,  orders,  or  decisions  with  reference  to  which  the  ap- 
peal is  taken,  and  of  their  records  of  the  same;  also,  said  bond 
and  appeal  papers,  and  all  petitions  and  remonstrances,  if  any, 
with  reference  to  the  matters  appealed  from ;  and  upon  the  fil- 
ing of  the  same  with  the  said  township  clerk,  the  said  town-  when  town- 
ship board  or  boards  shall  be  deemed  to  be  in  possession  of  the  deXnXun 
case,  and  if  the  return  be  deemed  by  them  insufficient,  may  P° scsaessesion 
order  a  further  and  more  complete  return  by  said  board  or 
beards  of  school  inspectors ;  and  when  such  return  shall  by  Proceedings  in 
them  be  deemed  sufficient,  they  shall  proceed  with  the  consid- t 
eration  of  the  appeal,  at  such  time  or  times,  within  ten  days 
after  such  return,  and  in  such  manner  and  under  such  affirma- 
tion, amendment,  or  reversal  of  the  action,  order,  or  decision 
of  the  board  or  boards  of  school  inspectors  appealed  from,  as 
in  their  judgment  shall  seem  to  be  just  and  right;  or,  if  they  when  mem- 
deem  the  appeal  to  be  frivolous,  they  may  summarily  dismiss  *£l*  board™" 
the  same;  but  the  decision  of  said  board  or  boards  of  school 
inspectors  shall  not  be  altered  or  reversed,  unless  a  majority  case. 


44 


GENERAL   SCHOOL   LAWS. 


of  such  township  board  or  boards,  not  members  of  said  board 
or  boards  of  school  inspectors,  shall  so  determine. 

See  cases  cited  in  notes  to  Section  4743,  Comp.  Section  121. 


GRADED   SCHOOL  DISTRICTS. 


Proviso. 


Trustee, 
election  of. 


Graded  school  (124.)  .  §  4746.  SECTION  1.  Any  school  district  containing 
-  more  than  one  hundred  children  between  the  ages  of  five  and 
twenty  years  may,  by  a  two-thirds  vote  of  the  qualified  elect- 
ors present  at  any  annual  or  special  meeting,  organize  as  a 
graded  school  district:  Provided,  That  the  intention  to  take 
such  vote  shall  be  expressed  in  the  notice  of  such  annual  or 
special  meeting.  When  such  change  in  the  organization  of  the 
district  shall  have  been  voted,  the  voters  at  such  annual  or 
special  meeting  shall  proceed  immediately  to  elect  by  ballot 
from  the  qualified  voters  of  the  district  one  trustee  for  the 
term  of  one  year,  two  for  the  term  of  two  years,  and  two  for  a 
term  of  three  years,  and  annually  thereafter  a  successor  or 
successors  to  the  trustee  or  trustees  whose  term  of  office  shall 
expire:  Provided,  also,  In  all  districts  organized  prior  to  the 
year  eighteen  hundred  and  eighty-three  there  shall  be  one 
trustee  elected  at  the  annual  meeting  for  the  year  eighteen 
hundred  and  eighty-three,  and  thereafter  there  shall  be  elected 
a  trustee  or  trustees  in  the  manner  aforesaid,  whose  term  of 
office  shall  be  three  years,  and  until  his  or  their  successor  or 
successors  shall  have  been  elected  and  filed  his  or  their  accept- 
ance: Provided,  also,  That  in  the  election  of  trustees,  and  all 
other  school  officers,  the  person  receiving  a  majority  of  all  the 
votes  shall  be  declared  elected. 


Proviso. 


Proviso. 


Am.   1883,  Act  28;   1885,  Act  18. 

Simpkins   v.    Ward,   45   /   562. 

GRADED  SCHOOL  DISTRICTS  :  The  wisdom  of  the  graded-school-district 
act  was  vindicated  in  Stuart  v.  Sch.  Dist..  30  /  69,  and  its  validity  determined. 
— Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  439.  It  is  competent  under  the  constitu- 
tion to  provide  by  taxation  for  free  instruction  in  the  higher  departments 
of  education,  in  union  and  high  schools. — Stuart  v.  Sch.  Dist.,  30  /  69.  Union 
and  graded  schools,  whether  organized  under  the  general  law  or  created  by 
special  enactment  are  subject  to  the  general  primary  school  law,  except 
as  otherwise  provided  in  the  law  creating  them. — People  v.  Detroit  Board  of 
Education,  18  /  411  ;  Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  442. 

ALL  OTHER  OFFICERS :  The  term  "all  other  school  officers"  includes 
the  director,  moderator  and  assessor  of  primary  school  districts,  there  being 
no  others  to  whom  it  could  refer,  as  the  trustees  are  the  only  officers  to  be 
elected  in  graded  school  districts. — Cleveland  v.  Amy,  88  /  377. 

LEGISLATIVE  PROVISIONS :  The  constitution  does  not  require  an  abso- 
lute uniformity  in  school  districts  throughout  the  state  and  the  legislature 
has  not  so  construed  the  constitutional  provisions.  Uniformity  has  not  been 
kept  up ;  graded  schools  have  been  established ;  boundaries  of  districts 
changed  and  fixed  by  the  legislature ;  and  the  qualifications  of  electors  at 
school  meetings  have  been  fixed,  limiting  the  classes  entitled  to  vote  and 
providing  exceptional  methods  of  electing  officers.  The  mayor  of  Grand 
Rapids  is  made  a  trustee  and  ex  officio  a  member  of  the  board  of  education  ; 
and  being  a  trustee  he  is  eligible  to  the  office  of  president  of  the  board. 
The  president  of  the  board  has  the  veto  power.  The  mayor  of  Alpena  is 
president  of  the  board  and  the  trustees  elected  constitute  the  board,  and 
exercise  all  the  powers  and  perform  the  duties  of  trustees.  The  mayor  of 
Detroit,  as  ex  officio  member  of  the  board  of  education,  has  the  veto  power, 
and  this  provision  is  constitutional. — Pingree  v.  Board  of  Education,  99  /  407-9. 
It  is  no  new  thing  for  the  legislature  to  fix  the  boundaries  of  school  districts. 
It  is  done  by  the  charter  of  nearly  every  city  or  village  in  the  state,  and  some 
of  them  go  so  far  as  to  provide  exceptional  methods  of  electing  officers  and 
limiting  the  classes  entitled  to  vote  (citing  Mudge  v.  Jones,  59  /  165). — Kewee- 


GENERAL  SCHOOL  LAWS.  45 

naw  Ass'n  v.  Sch.  Dist.,  98  /  441.     And  in  Perrizo  v.  Kesler,  93  /  280,  an  act 

groviding   for   the   organization   of   school   districts   from   entire   townships   was 
eld  valid.— Id.  442. 

(125.)     §  4747.     SEC.  2.     Within  ten  days  after  their  elec-  Acceptance  of 
tion  such  trustees  shall  file  with  the  director  acceptances  of  medest 
the  offices  to  which  they  have  been  elected,  and  shall  annually  officers  to  be 
elect  from  their  own  number  a  moderator,  a  director,  and  trustees^7 
treasurer,  and  for  cause  may  remove  the  same,  and  may  ap- 
point others  of  their  own  number  in  their  places,  who  shall 
perform  the  duties  prescribed  by  law  for  such  officers  in  other 
school  districts  in  this  state,  except  as  hereinafter  provided. 
The  trustees  shall  have  power  to  fill  any  vacancy  that  may  vacancy  in 
occur  in  their  number  till  the  next  annual  meeting.     When-  5med!'  h°w 
ever,  in  any  case,  the  trustees  shall  fail,  through  disagreement 
or  neglect,  to  elect  the  officers  named  in  this  section,  within  when  in- 
twenty  days  next  after  the  annual  meeting,  the  school  in-  appoint8  8l 
spectors  of  the  township  or  city  to  which  such  district  makes  omcers- 
its  annual  report  shall  appoint  the  said  officers  from  the  num- 
ber of  said  trustees. 

Am.  1901,  Act  165. 

VACANCIES — COSTS  :  The  minority  of  a  school  board  have  no  authority 
to  commence  an  action  in  its  name,  and,  if  they  do  so,  they  will  be  individually 
responsible  for  the  costs. — Johnston  v.  Mitchell,  120  /  589. 

(126.)     §  4748.     SEC.  3.     It  shall  be  the  duty  of  the  board  Duty  of 
of  trustees  in  any  graded  school  district: 

First,  To  classify  and  grade  the  pupils  attending  schools  in  TO  classify 
such  district  and  cause  them  to  be  taught  in  such  schools  or  i)UPlls- 
departments  as  they  may  deem  expedient; 

Second,  To  establish  in  such  district  a  high  school  when  TO  establish 
ordered  by  a  vote  of  the  district  at  an  annual  meeting,  and  to  eJ|h  S( 
determine  the  qualifications  for  admission  to  such  school,  and 
the  fees  to  be  paid  for  tuition  in  any  branch  taught  therein: 
Provided,  That  when  non-resident  pupils,  their  parents  or  proviso  as  to 
guardians,  shall  pay  a  school  tax  in  said  district,  the  same  shall  tuition- 
be  credited  on  their  tuition  a  sum  not  to  exceed  the  amount 
of  such  tuition  and  they  shall  only  be  required  to  pay  tuition 
for  the  difference  between  the  amount  of  the  tax  and  the 
amount  charged  for  tuition; 

Third,  To  audit  and  order  the  payment  of  all  [of]  the  ac- TO  audit  and 
counts  of  the  director  for  incidental  or  other  expenses  in-  JJcoCunts.tor 
curred  by  him  in  the  discharge  of  his  duties;  but  no  more  than 
fifty  dollars  shall  be  expended  by  the  director  in  one  year  for 
repairs   of  the   buildings   or   appurtenances   of   the   district 
property  without  the  authority  of  the  board  of  trustees; 

Fourth,  To  employ  all  qualified  teachers  necessary  for  the  TO  employ 
several  schools,  and  to  determine  the  amount  of  their  compen- t 
sation  and  to  require  the  director  and  moderator  to  make  con- 
tracts with  the  same  on  behalf  of  the  district,  in  accordance 
with  the  provisions  of  law  concerning  contracts  with  teachers; 


46 


GENERAL  SCHOOL  LAWS. 


To  employ 
officers,  etc. 


Other  duties. 


Fifth,  To  employ  such  officers  and  servants  as  may  be  neces- 
sary for  the  management  of  the  schools  and  school  property, 
and  prescribe  their  duties  and  fix  their  compensation; 

Sixth,  To  perform  such  other  duties  as  are  required  of  dis- 
trict boards  in  other  school  districts. 


Am.    1891,   Act   21. 

FIRST  :  To  classify  and  grade. — People  v.  Detroit  Bd.  of  Ed.,  18  /  412.  Un- 
der our  system  it  is  common  and  convenient  to  have  the  various  grades 
in  one  building  and  there  is  nothing  illegal  in  it. — Hathaway  v.  New  Balti- 
more, 48  /  255.  The  authority  to  classify  and  grade  the  pupils  and  prescribe 
the  course  of  studies  confers  the  power  to  provide  for  teaching  music  and  to 
purchase  a  piano  for  such  purpose. — Knabe  v.  Board  of  Education,  67  /  262. 

FOURTH  :  A  contract  with  a  qualified  teacher,  made  pursuant  to  a  res- 
olution adopted  by  a  majority  of  the  trustees  and  signed  by  the  moderator 
and  assessor  and  one  of  the  trustees,  is  valid  though  not  signed  by  the 
director. — Farrel  v.  Sch.  Dist.,  98  /  43  (citing  Crane  v.  Sch.  Dist.,  61  /  299).  The 
board  has  power  to  employ  a  Qualified  teacher  for  the  ensuing  year  prior  to 
the  annual  school  meeting. — -Id.,  (citing  Tappan  v.  Sch.  Dist.,  44  /  500  ;  Cleve- 
land v.  Amy,  88  /  374).  The  power  to  employ  teachers  conferred  upon  the 
district  boards  of  primary  schools  is  co-extensive  with  that  conferred  upon 
the  boards  of  trustees  of  graded  schools. — Cleveland  v.  Amy,  88  /  37G.  Teach- 
ers in  graded  schools  are  required  to  have  certificates:  in  the  same  manner  as 
teachers  in  primary  schools ;  but  a  person  employed  by  the  board  to  superin- 
tend and  manage  the  schools  need  not  be  a  teacher  nor  have  a  teacher's 
certificate. — Davis  v.  Sch.  Dist.,  81  /  214.  The  trustees  are  empowered  to  em- 
ploy all  teachers  necessary,  and  what  teachers  are  necessary  is  left  to  be 
decided  by  their  sound  discretion. — Tappan  v.  Sch.  Dist.,  44  /  502. 

FIFTH  :  The  power  to  appoint  a  superintendent  of  schools  is  incident  to 
the  full  control  which  by  law  the  board  has  over  the  schools. — Stuart  v.  Sch. 
Dist.,  30  /  85.  And  the  person  employed  as  superintendent  is  not  required  to 
be  a  teacher  or  to  have  a  teacher's  certificate. — Davis  v.  Sch.  Dist.,  81  /  219-20. 


Consent  of 
trustees 
necessary  to 
change  in 
boundaries 
of  district. 


Such  districts 
not  restricted 
in  size. 

Proviso. 


Appellants  to 
file  bond. 


(127.)  §  4749.  SEC.  4.  No  alterations  shall  be  made  in 
the  boundaries  of  any  graded  school  district,  without  the  con- 
sent of  a  majority  of  the  trustees  of  said  district,  which  con- 
sent shall  be  spread  upon  the  records  of  the  district,  and 
placed  on  file  in  the  office  of  the  clerk  of  the  board  of  school 
inspectors  of  the  township  or  city  to  which  the  reports  of  said 
district  are  made;  and  graded  school  districts  shall  not  be  re- 
stricted to  nine  sections  of  land:  Provided,  however,  That 
any  three  or  more  tax  paying  electors  having  children  between 
the  ages  of  five  and  twelve  years,  residing  one  and  one-half 
miles  or  more  from  a  school  house  in  such  district,  feeling 
themselves  aggrieved  by  any  action,  order,  or  decision  of  the 
board  of  trustees  with  reference  to  the  alteration  of  said 
school  district,  affecting  their  interests,  may,  at  any  time 
within  sixty  days  from  the  time  of  such  action  on  the  part  of 
said  board  of  trustees,  appeal  from  such  action,  order  or  de- 
cision of  such  board  of  school  trustees,  to  the  judge  of  probate 
of  the  county  in  which  such  school  house  is  situated,  in  the 
same  manner,  as  nearly  as  may  be,  as  appeals  from  the  action 
of  inspectors,  as  provided  by  chapter  nine  of  this  act.  Said 
appellants  shall  file  a  bond  with  said  judge  of  probate,  with 
sufficient  sureties,  to  be  approved  by  said  judge  of  probate,  in 
the  penal  sum  of  two  hundred  dollars,  indemnifying  said 
school  district  of  any  and  all  costs  made  on  such  appeal  in 
case  the  appellants  shall  not  prevail  therein.  Whereupon  said 
judge  of  probate  shall  be  empowered  to  entertain  such  appeal, 
and  review,  confirm  or  set  aside  or  amend  the  action  of  the 
board  of  trustees  appealed  from. 


GENERAL   SCHOOL   LAWS.  47 

Am.   1899,  Act  258. 

NO  ALTERATION  :  This  provision  is  not  intended  to  take  from  the  board 
of  supervisors  their  constitutional  power  to  erect  townships,  but  the  prohi- 
bition applies  only  to  the  inspectors. — People  v.  Ryan,  19  /  207.  Township 
school  inspectors  cannot  enlarge  a  graded  school  district  by  adding  unor- 
ganized territory,  though  they  may,  with  the  consent  of  the  trustees,  trans- 
fer to  its  jurisdiction  territory  previously  organized  into  primary  districts. — • 
Simpkins  v.  Ward,  45  /  559.  The  action  of  the  board  of  inspectors  in  detach- 
ing territory  from  a  graded  school  district  is  void,  unless  the  inspectors 
have  before  them  legal  evidence  of  a  consent  of  a  majority  of  the  trustees 
of  the  graded  school  district. — Burnett  v.  Inspectors,  97  /  108.  Addition  of 
territory  by  legislative  action. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  439-41. 

(128.)  §  4750.  SEC.  5.  Whenever  two  or  more  contigu-  uniting  of 
ous  districts,  having  together  more  than  one  hundred  children  Sricts°to 
between  the  ages  of  five  and  twenty  years,  after  having  pub- 
lished  in  the  notices  of  the  annual  meetings  of  each  district 
the  intention  to  take  such  action,  shall  severally,  by  a  vote  of 
two-thirds  of  the  qualified  voters  attending  the  annual  meet- 
ings in  said  districts  determine  to  unite  for  the  purpose  of  es- 
tablishing a  graded  school  district  under  the  provisions  of  this 
chapter,  the  school  inspectors  of  the  township  or  townships  in 
which  such  districts  may  be  situated  shall,  on  being  properly 
notified  of  such  vote,  proceed  to  unite  such  districts,  and  shall 
appoint  as  soon  as  practicable,  a  time  and  place  for  a  meeting 
of  the  new  district,  and  shall  require  three  notices  of  the  same 
to  be  posted  in  each  of  the  districts  so  united  at  least  five  days 
before  the  time  of  such  meeting,  and  at  such  meeting  the  dis- 
trict  shall  elect  a  board  of  trustees,  as  provided  in  section  one  trustees. 
of  this  chapter,  and  may  do  whatever  business  may  be  done 
at  any  annual  meeting. 

Added  1883,  Act  53. 

(129.)  §  4751.  SEC.  6.  Whenever  the  trustees  of  any  or-  Duty  of 
ganized  graded  school  district  shall  be  presented  twenty  days 
before  the  annual  meeting  thereof  with  a  petition  signed  by  etc- 
ten  electors  of  said  district,  stating  that  it  is  the  desire  of  said 
petitioners  that  at  the  annual  meeting  of  said  school  district 
there  shall  be  submitted  to  said  annual  meeting  the  proposi- 
tion to  change  from  a  graded  school  district  to  one  or  more 
primary  school  districts  the  said  trustees  shall,  in  their  notice 
of  such  annual  meeting,  state  that  the  proposition  set  forth 
in  said  petition  will  be  presented  to  said  meeting,  and  if  two-  in  case  of  vote 
thirds  of  the  qualified  voters  present  at  said  meeting  shall  vote  to 
to  change  to  one  or  more  primary  school  districts  such  change 
shall  be  made,  and  it  shall  be  the  duty  of  the  board  of  school 
inspectors  of  the  township  or  townships  in  which  such  dis- 
trict is  situated,  upon  being  duly  notified  of  such  vote  to  pro- 
ceed to  change  or  divide  such  district  as  determined  by  such 
annual  meeting,  and  they  shall  provide  for  the  holding  of  the 
first  meeting  in  the,  or  each  of  the,  proposed  primary  school 
districts  in  the  same  manner  as  is  provided  for  by  law  for  the 
organization  of  primary  school  districts,  and  whenever  a  frac- 
tional graded  school  district  shall  be  so  changed,  the  township 
boards  of  school  inspectors  of  the  respective  townships  where 


48 


GENERAL   SCHOOL   LAWS. 


such  graded  school  district  is  situated,  shall  organize  the  said 
district  into  one  or  more  primary  school  districts,  as  provided 
for  bv  law. 


Added  1891,  Act  84. 


LIBRARIES. 


Township 
libraries  to  be 
maintained. 


Who  are 
entitled  to 
privileges 
of  library. 

Proviso. 


Inspectors  to 
have  charge  of 
library  and 
library 
moneys. 


Inspectors 
accountable 
for  care,  etc. 
of  library. 

Power  of 
inspectors. 


Township 
library. 


Librarian, 
duties,  etc. 


(130.)  4752.  SECTION  1.  A  township  library  shall  be 
maintained  in  each  organized  township,  which  shall  be  the 
property  of  the  township,  and  shall  not  be  subject  to  sale  or 
alienation  from  any  cause  whatever.  All  actions  relating  to 
such  library,  or  for  the  recovery  of  any  penalties  lawfully 
established  in  relation  thereto,  shall  be  brought  in  the  name 
of  the  township. 

(131.)  §  4753.  SEC.  2.  All  persons  who  are  residents  of 
the  township  shall  be  entitled  to  the  privileges  of  the  town- 
ship library,  subject  to  such  rules  and  regulations  as  may  be 
lawfully  established  in  relation  thereto:  Provided,  That  per- 
sons residing  within  the  boundaries  of  any  school  district  in 
which  a  district  library  has  been  established  shall  be  entitled 
to  the  privileges  of  such  district  library  only. 

(132.)  §  4754.  SEC.  3.  The  township  board  of  school  in- 
spectors shall  have  charge  of  the  township  library,  and  shall 
apply  for  and  receive  from  the  township  treasurer  all  moneys 
appropriated  for  the  township  library  of  their  towrnship,  and 
shall  purchase  the  books  and  procure  the  necessary  append- 
ages for  such  library. 

(133.)  §  4755.  SEC.  4.  Said  board  shall  be  held  account- 
able for  the  proper  care  and  preservation  of  the  township 
library,  and  shall  have  power  to  provide  for  the  safe  keep- 
ing of  the  same,  to  prescribe  the  time  for  taking  and  return- 
ing books,  to  assess  and  collect  fines  and  penalties  for  the 
loss  or  injury  of  said  books,  and  to  establish  all  other  needful 
rules  and  regulations  for  the  management  of  the  library,  as 
said  board  shall  deem  proper,  or  the  superintendent  of  public 
instruction  may  advise. 

(134.)  §  4756.  SEC.  5.  The  board  of  school  inspectors 
shall  cause  the  township  library  to  be  kept  at  some  central  or 
eligible  place  in  the  township,  which  it  shall  determine.  Such 
board  shall  also,  within  ten  days  after  the  annual  township 
meeting,  appoint  a  librarian,  for  the  term  of  one  year,  to  have 
the  care  and  superintendence  of  said  library,  who  shall  be 
responsible  to  the  board  of  school  inspectors  for  the  impartial 
enforcement  of  all  rules  and  regulations  lawfully  established 
in  relation  to  said  library. 

Am.    1883,    Act    114. 


school  district  (135.)  §  4757.  SEC.  6.  Any  school  district,  by  a  two.-thirds 
vote  at  any  annual  meeting,  may  establish  a  district  library, 
and  such  district  shall  be  entitled  to  its  just  proportion 


GENERAL   SCHOOL  LAWS.  49 

of  books  from  the  library  of  any  township  in  which  it  is  wholly  Entitled  to 
or  partly  situated,  to  be  added  to  the  district  library,  and  also  mo°nly^nd 
to  its  equitable  share  of  any  library  moneys  remaining  unex- 
pended in  any  such  township  or  townships  at  the  time  of  the 
establishment  of  such  a  district  library,  or  that  shall  there- 
after be  raised  by  tax  in  such  township  or  townships,  or  that 
shall  thereafter  be  apportioned  to  the  township  to  the  in- 
spectors of  which  the  annual  report  of  its  director  is  made. 

Am.  1893,  Act  158. 

(136.)     §  4758.     SEC.  7.     The  district  board  of  any  school  District  board 
district  in  which  a  district  library  may  be  established  in  ac- S Sict arge 
cordance  with  the  provisions  of  this  act,  shall  have  charge  of  library- 
such  library;  and  the  duties  and  responsibilities  of  said  dis- 
trict board  in  relation  to  the  district  library,  and  all  moneys 
raised  or  apportioned  for  its  support,  shall  be  the  same  as 
those  of  the  board  of  school  inspectors  are  to  the  towrnship 
library. 

Libraries  are  within  the  proper  range  of  school  apparatus ;  and  there  is 
nothing  in  our  laws  which  cuts  off  public  corporations  from  accepting  benev- 
olent offerings  to  enable  them  to  extend  their  usefulness  and  benefit  their 
people,  by  enlarging  their  opportunities  for  culture  and  refinement  without 
multiplying  or  increasing  their  burdens. — Maynard  v.  Woodard,  36  /  425,  427. 

(137.)  §  4759.  SEC.  8.  The  school  inspectors  shall  give  inspectors  to 
in  their  annual  report  to  the  superintendent  of  public  instruc-  statistics  try 
tion,  such  facts  and  statistics  relative  to  the  management  of 
the  township  library  and  the  library  moneys,  as  the  superin- 
tendent of  public  instruction  shall  direct;  and  the  district 
board  of  any  school  district  having  a  library,  shall  cause  to  be 
given  in  the  annual  report  of  the  director  to  the  board  of 
school  inspectors,  like  facts  and  statistics  relative  to  the  dis- 
trict library,  which  items  shall  also  be  included  by  the  said 
inspectors  in  their  annual  report. 

(138.)     §  4760.     SEC.  9.     In   case  the   board   of   school   in-  Failure  to 
spectors  of  any  township,  or  the  district  board  of  any  school  [fiegli  use 
district,  shall  fail  to  make  the  report  required  by  the  preced-  £*Siusey8 
ing  section,  or  in  case  it  shall  appear  from  the  reports  so  made  forfeiture 
that  any  township  or  school  district  has  failed  to  use  the  thereafter, 
library  money  in  strict  accordance  with  the  provisions  of  law, 
such  township  or  district  shall  forfeit  its  share  of  the  library 
moneys  that  are  apportioned,  and  the  same  shall  be  apportioned  , 
to  the  several  other  townships  and  districts  in  the  county  as 
hereinafter  provided :    Provided,  That  in  townships  where  the  Proviso. 
boards  thereof  shall   determine  and  report  to  the  superin- 
tendent that  the  public  will  be  better  served  by  using  the  said 
money  for  general  school  purposes,  no  such  forfeiture  shall 
occur. 

(139.)     §  4761.     SEC.  10.     The  superintendent  of  public  in-  g£?eS^J 
struction  shall  annually,  and  previous  to  the  tenth  day  of  May,  vide  county 
transmit  to  the  clerk  of  each  county  a  statement  of  the  town-  statement. 
7 


50 


GENERAL    SCHOOL   LAWS. 


ships  in  his  county  that  are  entitled  to  receive  library  moneys,, 
giving  the  number  of  children  in  each  of  such  townships  be- 
tween the  ages  of  five  and  twenty  years,  as  shall  appear  from 
the  reports  of  the  boards  of  school  inspectors  for  the  school 
year  last  ending;  said  clerk  shall  file  such  statement  in  his- 
office,  and  shall  forthwith  furnish  a  copy  thereof  to  the  county 
treasurer. 

(140.)  §  4762.  SEC.  11.  The  clear  proceeds  of  all  fines 
for  any  breach  of  the  penal  laws  of  this  state  and  for  penalties, 
or  upon  any  recognizance  in  criminal  proceedings,  and  all 
equivalents  for  exemption  from  military  duty  when  collected 
in  an}7  county  and  paid  into  the  county  treasury,  together 
with  all  moneys  heretofore  collected  and  paid  into  said  treas- 
ury on  account  of  such  fines  or  equivalents,  and  not  already 
apportioned,  shall  be  apportioned  by  the  county  treasurer  be- 
fore the  first  day  of  June  in  each  year,  among  the  several 
townships  in  the  county,  according  to  the  number  of  children 
therein,  between  the  ages  of  five  and  twenty  years,  as  shown 
by  the  statement  of  the  superintendent  of  public  instruction 
provided  for  in  the  preceding  section,  which  money  shall  be 
exclusively  applied  to  the  support  of  the  township  and  district 
libraries,  and  to  no  other  purpose. 


Statement  to 
be  filed  and 
copy  given  to 
county  treas- 
urer. 

Fines  for 
breach  of 
penal  laws 
to  be  appor- 
tioned for 
township 
and  district 
libraries. 


FINES,  ETC.  :     See  Const,  xiii,  12,  and  notes  thereto. 
Am.    1895,    Act    15. 


Voters  may 
levy  tax  for 
support  of 
libraries. 


How  tax  to  be 
reported, 
assessed  and 
collected. 


District  board 
may  give  or 
sell  books  to 
township 
library. 


(141.)  §  4763.  SEC.  12.  The  qualified  voters  of  each  town- 
ship shall  have  power  at  any  annual  township  meet  ing,,  to  vote 
a  tax  for  the  support  of  libraries  established  in  accordance 
with  the  provisions  of  this  act,  and  the  qualified  voters  of  any 
school  district,  in  wrhich  a  district  library  shall  be  established,, 
shall  have  power,  at  any  annual  meeting  of  such  district,  to 
vote  a  district  tax  for  the  support  of  said  district  library. 
When  any  tax  authorized  by  this  section  shall  have  been 
voted,  it  shall  be  reported  to  the  supervisor,  levied,  and  col- 
lected in  the  same  manner  as  other  township  and  school  dis- 
trict taxes. 

(142.)  §  4764.  SEC.  13.  The  district  board  of  any  school 
district  may  donate  or  sell  any  library  book  or  books  belong- 
ing to  such  district  to  the  board  of  school  inspectors  of  the 
towrnship  or  towrnships  in  which  said  district  is  w7holly  or 
partly  situated,  which  book  or  books  shall  thereafter  form  a 
part  of  the  township  library. 


PENALTIES    AND    LIABILITIES. 


Penalty  on 
inhabitant 
for  neglect 
of  duty. 


(143.)  §  4765.  SECTION  1.  Any  taxable  inhabitant  of  a 
newly  formed  district  receiving  the  notice  of  the  first  meeting,, 
who  shall  neglect  or  refuse  duly  to  serve  and  return  such 
notice,  and  every  chairman  of  the  first  district  meeting  in  any 
district,  who  shall  wilfully  neglect  or  refuse  to  perform  the- 


GENERAL   SCHOOL  LAWS.  51 

duties  enjoined  on  him  in  this  act,  shall  respectively  forfeit 
the  sum  of  five  dollars. 

(144.)     §  4766.     SEC.  2.     Any   person   duly   elected  to   the  ff^^^ 
office  of  moderator,  director,  treasurer,  or  trustee  of  a  school  for  "ejecting 
district,  who  shall  neglect  or  refuse,  without  sufficient  cause,  ^rr/0frl^ins to 
to  accept  such  office  and  serve  therein,  or  who,  having  entered  duties. 
upon  the  duties  of  his  office,  shall  neglect  or  refuse  to  perform 
any  duty  required  of  him  by  virtue  of  his  office,  shall  forfeit 
the  sum  of  ten  dollars. 

Am.  1901,  Act  165. 

Hinman  v.   Sch.  Dist.,  4  /  170. 

If  the  district,  by  an  officer's  wilful  act  or  neglect  of  duty,  is  subjected  to 
suit  or  judgment,  the  district  in  its  corporate  capacity  must  recover  the 
amount,  but  individual  citizens,  who  have  been  taxed  to  satisfy  the  judgment, 
cannot  recover  their  taxes  from  such  officer. — Wall  v.  Eastman,  1  /  268. 

(145.)     §  4767.     SEC.  3.     Any   person   duly   elected  or   ap- Penalty  on 
pointed  a  school  inspector,  who  shall  neglect  or  refuse,  with-  n 
out  sufficient  cause,  to  qualify  and  serve  as  such,  or  who,  hav-  refusal 
ing  entered  upon  the  duties  of  his  office  shall  neglect  or  refuse 
to  perform  any  duty  required  of  him  by  virtue  of  his  office, 
shall  forfeit  the  sum  of  ten  dollars. 

(146.)     §  4768.     SEC.  4.     If  any  board  of  school  inspectors  Liability  of 
shall  neglect  or  refuse  to  make  and  deliver  to  the  township 
clerk  their  annual  report  as  required  by  this  act,  within  the  report 
time  limited  therefor,  they  shall  be  liable  to  pay  the  full 
amount  of  money  lost  by  their  failure,  with  interest  thereon, 
to  be  recovered  by  the  township  treasurer  in  the  name  of  the 
township,  in  an  action  of  debt,  or  on  the  case;  and  if  any  town-  Liability  of 
ship  clerk  shall  neglect  or  refuse  to  transmit  the  report  herein 
mentioned  within  the  time  limited  therefor,  he  shall  be  liable 
to  pay  the  full  amount  lost  by  such  neglect  or  refusal,  with 
interest  thereon,  to  be  recovered  in  an  action  of  debt,  or  on 
the  case. 

(147.)     §  4769.     SEC.  5.     Any  county  clerk  who  shall  neg-  Liability  of 
lect  or  refuse  to  transmit  to  the  superintendent  of  public  in- 
struction  the  reports  required  by  this  act,  within  the  time 
therefor  limited,  shall  be  liable  to  pay  to  each  township  the  re 
full    amount   which    such   township,    or   any   school    district 
therein,  shall  lose  by  such  neglect  or  refusal,  with  interest 
thereon,  to  be  recovered  in  an  action  of  debt,  or  on  the  case. 

(148.)     §  4770.     SEC.  6.     All   the  moneys   collected   or   re- HOW  moneys 
ceived  by  any  township  treasurer  under  the  provisions  of 
either  of  the  two  last  preceding  sections,  shall  be  apportioned  J 
and  distributed  to  the  school  districts  entitled  thereto,  in  the 
same  manner  and  in  the  same  proportion  that  the  moneys  lost 
by  any  neglect  or  refusal  therein  mentioned  would,  according 
to   the  provisions   of   this   act,   have  been   apportioned  and 
distributed. 

(149.)     §  4771.     SEC.  7.     Any  township  clerk  who  shall  neg- Liability  of 
lect  or  refuse  to  certify  to  the"  supervisor  any  school  district 
taxes  that  have  been  reported  to  him  as  required  by  this  act, 
and  any  supervisor  wilfully  neglecting  to  assess  any  such  tax 


52  GENERAL   SCHOOL  LAWS. 

shall  be  liable  to  any  district  for  any  damage  occasioned 
thereby,  to  be  recovered  by  the  treasurer  in  the  name  of  the 
district,  in  an  action  of  debt,  or  on  the  case. 

Am.  1901,  Act  165. 

when  town-         (150.)     §  4772.     SEC.  8.     The  township  board  of  each  town- 

rem^cer*-0      sniP>  an(i  in  tlie  case  °f  fractional  School  districts,  the  tOWn- 
tain  officers,     ship  board  of  the  township  in  which  the  district  school-house 
thereof  is  situated,  shall  have  power  and  is  hereby  required 
to  remove  from  office,  upon  satisfactory  proof,  after  at  least 
five  days'  notice  to  the  party  implicated,  any  district  officer 
or  school  inspector  who  shall  have  illegally  used  or  disposed  of 
any  of  the  public  moneys  entrusted  to  his  charge,  or  who  shall 
persistently  and  without  sufficient  cause  refuse  or  neglect  to 
Township         discharge  any  of  the  duties  of  his  office.    And  in  case  of  such 
order  forecord  removal  it  shall  be  the  duty  of  the  township  clerk  of  such 
removal.         township  to  enter  in  the  records  of  such  township  the  resolu- 
tion or  order  of  such  board,  for  such  removal;  and  such  record 
of  such  resolution  or  order  so  entered,  or  a  certified  copy 
thereof,  shall  be  prima  facie  evidence  in  all  courts  and  places 
of  the  jurisdiction  of  such  board  and  of  the  regularity  of  the 
party  removed  proceedings  for  such  removal,  and  (unless  the  party  so  re- 
^roceSding?    moved  shall,  within  thirty  days  after  such  removal,  institute 
for  removal  of  procee(jings  before  a  court  of  competent  jurisdiction  for  the 

order  of  town-  *  .     . .  .    . 

shipboard.  removal  of  such  order  for  removal,  01*  if  after  such  thirty  days 
such  proceedings  to  obtain  such  removal  shall  be  discontinued 
or  dismissed)  shall  be  conclusive  evidence  of  jurisdiction  and 
regularity,  if  it  shall  appear  that  the  party  so  removed  had 
five  days'  notice  of  the  time  and  place  fixed  by  said  board  for 
the  hearing  of  the  case  as  aforesaid. 

REMOVAL  :  When  a  member  of  the  board  is  interested  in  the  subject  for 
consideration  in  the  matter  of  removal,  he  is  not  competent  to  act. — Stockwell 
v.  Twp.  Bd.  of  White  Lake,  22  /  341.  When  interest  deemed  too  remote  to  dis- 
qualify.— Hamtramck  Twp.  Board  v.  Holihan,  46  /  127.  Proceedings  to  re- 
move are  not  invalidated  because  the  board  did  not  meet  to  agree  on  the 
notice  under  which  the  proceedings  were  taken. — Wenzel  v.  Dorr  Twp.  Bd., 
49  /  25.  The  statute  contemplates  that  no  steps  shall  be  taken  until  the 
action  of  the  proper  authorities  has  been  invoked  by  complaint  of  some 
definite  violation  of  duty.  But  preliminary  formalities  may  be  waived. — 
Geddes  v.  Thomastown  Twp.,  46  /  318.  The  action  of  the  board  is  final  unless 
speedily  brought  up  for  review. — Id.  The  proceedings  are  in  the  nature  of  a 
judicial  investigation. — Stockwell  v.  White  Lake  Twp.  Board,  22  /  341. 

CAUSES  FOR  REMOVAL :  The  township  board  is  the  exclusive  judge  of 
the  facts  on  which  it  is  authorized  to  remove  a  school  officer. — Hamtramck 
Twp.  Bd.  v.  Holihan,  46  /  127.  Refusal  to  sign  the  director's  orders  for  the 
payment  of  money  is  not  alone  sufficient,  cause  for  removal  of  the  moderator, 
for  he  has  a  right  to  determine  for  himself  whether  the  order  should  be 
issued. — Stockwell  v.  White  Lake  Twp.  Bd.,  22  /  341.  Persistent  refusal  by  a 
director,  without  cause,  to  make  needed  repairs  in  the  school-house  furniture, 
etc.,  is  sufficient  cause  for  removal. — Hamtramck  Twp.  Bd.  v.  Holihan, 
46  J  127.  Wilful  refusal  of  a  director  to  sign  a  teacher's  contract,  or  to 
accept  and  file  it,  or  to  draw  pay  orders  under  the  contract,  and  obstinate 
neglect  to  furnish  necessary  school  supplies  may  be  taken  into  account  in 
proceedings  for  removal. — Geddes  v.  Thomastown,  46  /  310.  A  woman  moder- 
ator cannot  be  removed  for  hiring  her  husband  to  teach  the  school. — Hazen 
v.  Akron  Twrp.  Bd.,  48  /  188.  Nor  a  director  for  the  purchase,  in  his  discretion, 
of  new  seats  for  the  school-house,  under  an  order  of  the  annual  meeting 
"to  fix  the  school-house  for  the  winter  term." — McLaren  v.  Akron  Twp.  Bd.. 
48  /  189. 

CERTIORARI  :  Lies  to  review  the  proceedings  of  a  township  board  in  re- 
moving a  school  officer. — Stockwell  v.  White  Lake  Twp.  Bd..  22  /  341  ;  Craw- 


FERAL   SCHOOL   LAWS. 


ford  v.  Twp.  Boards,  22  /  405  :  24  /  248  ;  Merrick  v.  Arbela  Twp.  Bd.,  41  /  630. 
But  mere  insufficiency  of  evidence  to  establish  the  cause  for  removal  will 
not  warrant  a  reversal  of  the  board's  determination,  the  board  being  the 
exclusive  judge  of  the  facts.  —  Hamtramck  Twp.  Bd.  v.  Holihan,  46  /  127. 
Township  clerk's  return  as  to  testimony  taken  by  the  board  presumed  true.  — 
Taylor  v.  Shimmel,  107  /  676. 

(151.)     §  4773.     SEC.  9.     No  school  officer,  superintendent,  Sch°o1  officers 

,          ,     .  .  ,  '  and  teachers 

or  teacher  of  schools,  shall  act  as  agent  for  any  author,  pub-  not  to  act  as 


lisher.  or  seller  of  school  books,  or  shall  directly  or  indirectly 
receive  any  gift  or  reward  for  his  influence  in  recommending 
the  purchase  or  use  of  any  library  or  school  book  or  school 
apparatus,  or  furniture  whatever,  nor  shall  any  school  officer  school  officers 
be  personally  interested  in  any  way  whatever  in  any  contract  6  " 


with  the  district  in  which  he  may  hold  office.    Any  act  or  neg- 

lect  herein  prohibited,  performed  by  anv  such  officer,  super-  such  acts 

deemed  misde- 

intendent,  or  teacher,  shall  be  deemed  a  misdemeanor.  meanors. 

(152.)     §  4774.     SEC.  10.     All  provisions  of  this  act  shall  Where  this  act 
apply  and  be  in  force  in  every  school  district,  township,  city  shall  apply. 
and  village  in  this  state,  except  such  as  may  be  inconsistent 
with  the  direct  provisions  of  some  special  enactment  of  the 
legislature. 

Johnston  v.  Mitchell,  120  /  589. 


MISCELLANEOUS    PROVISIONS    RELATIVE    TO    EDU- 
CATION AND   THE   SCHOOLS. 

An  Act  to  regulate  the  uniformity  of,  and  to  provide  FREE  SCHOOL  TEXT- 
BOOKS in  public  schools  throughout  the  State,  and  the  distribution  of  the 
same,  and  to  repeal  all  statutes  and  acts  contravening  the  provisions  of  this 
act. 

[Act  147,  1889.] 

(153.)     §  4775.     SECTION  1.     The  People  of  the  State  of  Michi-  when  board  to 
-gan  enact,  That  from  and  after  June  thirtieth,  eighteen  hun-  textbooks. 
dred  and  ninety,  each  school  board  of  the  state  shall  purchase, 
when  authorized,  as  hereinafter  provided,  the  text-books  used 
by  the  pupils  of  the  schools  in  its  district  in  each  of  the  fol- 
lowing subjects,  to  wit:    Orthography,  spelling,  writing,  read-  subjects. 
ing,  geography,  arithmetic,  grammar  (including  language  les- 
sons), national  and  state  history,  civil  government,  and  physi- 
ology and  hygiene;  but  text-books  once  adopted  under  the  pro-  change, 
visions  of  this  act  shall  not  be  changed  w7ithin  five  years: 
Provided,  That  the  text-book  on  the  subject  of  physiology  and  Proviso, 
hygiene  must  be  approved  by  the  state  board  of  education, 
and  shall  in  every  way  comply  with  section  fifteen  of  act 
number  one  hundred  and  sixty-five  of  the  public  acts  of  eight- 
een hundred  and  eighty-seven,  approved  June  ninth,  eighteen 


54 


GEXERAL    SCHOOL   LAWS. 


Further 
proviso. 


Board  to  select 
the  kind. 


Proviso. 


Notice  to  vote 
on  question. 


Books  to  be 
property  of 
district,'  etc. 


Proviso. 


Further 
proviso. 


Board  to 
contract  with 
publishers,  etc. 


Proviso. 


Board  to  make 
annual  esti- 
mate of 
amount  to  be 
raised. 


hundred  and  eighty-seven:  And  provided  further,  That  all 
text-books  used  in  any  school  district  shall  be  uniform  in  any 
one  subject. 

The  section  above  referred  to  is  Section  4680,  Comp.  section  58. 

FREE  TEXT-BOOKS  :  It  has  never  been  claimed  that  school  boards  have 
the  power  to  furnish  free  text-books  except  by  virtue  of  special  legislation. — 
Bd.  of  Education  v.  Detroit,  80  /  548. 

(154.)  §  4776.  SEC.  2.  The  district  board  of  each  school 
district  shall  select  the  kind  of  text-books  on  subjects  enumer- 
ated in  section  one  to  be  taught  in  schools  of  their  respective 
districts:  Provided,  That  nothing  herein  contained  shall  re- 
quire any  change  in  text-books  now  in  use  in  such  district. 
They  shall  cause  to  be  posted  in  a  conspicuous  place,  at  least 
ten  days  prior  to  the  first  annual  school  meeting  from  and 
after  the  passage  of  this  act,  a  notice  that  those  qualified  to 
vote  upon  the  question  to  raise  money  in  said  district  shall 
vote  at  such  annual  meeting  to  authorize  said  district  board  to 
purchase  and  provide  free  text-books  for  the  use  of  the  pupils 
in  said  district.  If  a  majority  of  all  the  voters  as  above  pro- 
vided present  at  such  meeting  shall  authorize  said  board  to 
raise  by  tax  a  sum  sufficient  to  comply  with  the  provisions  of 
this  act,  the  district  board  shall  thereupon  make  a  list  of  such 
books  and  file  one  copy  with  the  township  clerk  and  keep  one 
copy  posted  in  the  school,  and  due  notice  of  such  action  by  the 
district  shall  be  noted  in  the  annual  report  to  the  superin- 
tendent of  public  instruction.  The  district  board  shall  take 
the  necessary  steps  to  purchase  such  books  for  the  use  of  all 
pupils  in  the  several  schools  of  their  district,  as  hereinafter 
provided.  The  text-books  so  purchased  shall  be  the  property 
of  the  district  purchasing  the  same,  and  shall  be  loaned  to 
pupils  free  of  charge,  under  such  rules  and  regulations  for 
their  careful  use  and  return  as  said  district  board  may  estab- 
lish: Provided,  That  nothing  herein  contained  shall  prevent 
any  person  from  buying  his  or  her  books  from  the  district 
board  of  the  school  in  which  he  or  she  may  attend:  Provided 
further,  That  nothing  herein  contained  shall  prevent  any 
district  having  once  adopted  or  rejected  free  text-books  from 
taking  further  action  on  the  same  at  any  subsequent  annual 
meeting. 

(155.)  §  4777.  SEC.  3.  It  shall  be  the  duty  of  the  district 
board  of  any  school  district  adopting  free  text-books  provided 
for  in  this  act  to  make  a  contract  with  some  dealer  or  pub- 
lisher to  furnish  books  used  in  said  district  at  a  price  not 
greater  than  the  net  wholesale  price  of  such  books :  Provided, 
That  any  district  may,  if  it  so  desires,  authorize  its  district 
board  to  advertise  for  proposals  before  making  such  contract. 

(156.)  §  4778.  SEC.  4.  The  district  board  of  every  school 
district  in  the  state  adopting  free  text-books  under  this  act 
shall  make  and  prepare  annually  an  estimate  of  the  amount  of 
money  necessary  to  be  raised  to  comply  with  the  conditions  of 
this  act,  and  shall  add  such  amount  to  the  annual  estimates 


GENERAL   SCHOOL   LAWS.  55 


made  for  money  to  be  raised  for  school  purposes,  for  the  next 
ensuing  year.  Said  sum  shall  be  in  addition  to  the  amount 
now  provided  by  law  to  be  raised;  which  amount  each  town- 
ship clerk  shall  certify  to  the  supervisor  of  his  towrnship  to  be 
assessed  upon  the  taxable  property  of  the  respective  districts 
as  provided  by  law  for  raising  the  regular  annual  estimates 
of  the  respective  district  boards  for  school  purposes,  and 
when  collected  shall  be  paid  to  the  district  treasurer  in  the 
same  manner  as  all  other  money  belonging  to  said  district  is 
paid. 

(157.)     §  4779.     SEC.  5.     On  the  first  day  of  February  next  when  director 
after  the  tax  shall  have  been  levied,  the  director  of  said  dis-  SoS^JS!8 
trict  may  proceed  to  purchase  the  books  required  by  the  pupils 
of  his  district  from  the  list  mentioned  in  section  one  of  this 
act,  and  shall  draw  his  warrant,  countersigned  by  the  moder- 
ator, upon  the  treasurer  or  assessor  of  the  district  for  the 
price  of    the    books    so    purchased,   including    the  cost    of 
transportation. 

(158.)     §  4780.     SEC.  6.     If  the  officers  of  any  school  dis- J**gjj  g 
trict,  which  has  so  voted  to  supply  itself  with  text-books,  duty  a  misde- 
shall  refuse  or  neglect  to  purchase  at  the  expense  of  the  dis-  n 
trict  for  the  use  of  the  pupils  thereof,  the  text-books  as  enum- 
erated in  section  one  of  this  act,  or  to  provide  the  money  there- 
for as  herein  prescribed,  each  officer  or  member  of  such  board 
so  refusing  or  neglecting  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  before  a  court  of  com-  Penalty, 
petent  jurisdiction,  shall  be  liable  to  a  penalty  of  not  more 
than  fifty  dollars  or  imprisonment  in  the  county  jail  for  a 
period  not  exceeding  thirty  days,  or  by  both  such  fine  and  im- 
prisonment, in  the  discretion  of  the  court:     Provided,  That  proviso, 
any  district  board  may  buy  its  books  of  local  dealers  if  the 
same   can   be   purchased   and   delivered   to   the   director   as 
cheaply  as  if  bought  of  the  party  who  makes  the  lowest  bid  to 
the  district  board:     Provided  further,  That  school  districts  Further 
in  cities  organized  under  special  charters  shall  be  exempt  from  Proviso- 
the  provisions  of  this  act,  but  such  districts  may,  when  so 
authorized  by  a  majority  vote  of  their  district  boards,  submit  in  cities, 
the  question  of  free  text-books  to  the  qualified  voters  of  said  submft^ues- 
districts.    If  a  majority  of  the  qualified  electors  vote  in  favor  of°distrk;tters 
of  furnishing  free  text-books,  such  district  boards  shall  have 
authority  to  proceed  under  the  provisions  of  this  act. 

SPECIAL  CHARTERS:  The  action  of  the  Detroit  board  of  education,  in 
including  in  its  annual  estimate  a  sum  for  free  text-books,  in  the  absence  of 
authority  from  a  majority  of  the  qualified  electors,  as  provided  in  this  sec- 
tion, was  held  absolutely  void. — Bd.  of  Ed.  v.  Detroit,  80  /  551. 

i 
An  Act  to  prescribe  and  define  a  course  of  studies  to  be  taught  in  the  district 

schools  of  this  State  which  shall  be  known  as  the  AGRICULTURAL  COLLEGE 

COURSE. 

[Act  181,  1897.] 

(159.)     §4791.     SECTION!.     The  People  of  the  State  of  Miclil-  whotopre- 
gan  enact,  That  the  superintendent  of  public  instruction  shall  of  study."6 


56 


GENERAL   SCHOOL   LAWS. 


prepare  for  district  schools  a  course  of  study,  comprising  the 
branches  now  required  for  third  grade  certificates,  which  shall 
be  known  and  designated  "the  agricultural  college  course," 
and  upon  the  satisfactory  completion  of  this  course  of  study, 
as  evidenced  by  a  diploma  or  certificate,  duly  signed  by  the 
county  commissioner  of  schools,  pupils  shall  be  admitted  to 
the  freshman  class  of  the  agricultural  college  without  further 
examination.  It  shall  be  the  duty  of  the  secretary  of  the  agri- 
cultural college  each  year  to  send  to  each  rural  school  district 
in  the  state  a  college  catalogue,  and  upon  application  to 
furnish  to  such  schools  such  other  information  as  may  be  de- 
sired relative  to  said  college.  Such  catalogue  and  other  in- 
formation shall  be  kept  in  each  school  for  reference. 


College 
catalogue  to 
be  forwarded 
to  school 
districts. 


An  Act  authorizing  the  introduction  of  the  KINDERGARTEN  METHOD  in  the 
public  schools  of  this  State. 


Duty  of  dis- 
trict board. 


Qualifications 
of  teachers, 
etc. 


What  children 
entitled  to 
instruction. 


Act  to  apply  to 
certain  other 
schools. 


[Act  119,  1891.] 

(160.)  §  4792.  SECTION  1.  The  People  of  the  State  of  Michi- 
gan enact,  That  in  addition  to  the  duties  imposed  by  law  upon 
the  district  board  of  every  school  district  in  this  state,  they 
shall  also  be  empowered  to  provide  a  suitable  room  or  apart- 
ment for  kindergarten  work,  and  to  supply  their  district  re- 
spectively with  the  necessary  apparatus  and  appliances  for 
the  instruction  of  children  in  what  is  known  as  the  kinder- 
garten method. 

(161.)  §  4793.  SEC.  2.  In  the  employment  of  teachers  it 
shall  be  competent  for  such  district  board  to  require  qualifi- 
cations for  instruction  of  children  in  kindergarten  methods, 
and  the  district  board  may  provide  by  contract  with  the 
teacher  for  such  instruction,  specifying  the  hours  and  times 
therefor  under  such  rules  as  the  district  board  may  prescribe. 

(162.)  §  4794.  SEC.  3.  All  children  residing  within  the 
district  between  the  ages  of  four  and  seven  shall  be  entitled 
to  instructions  in  the  kindergarten  department  of  such  dis- 
trict school. 

(163.)  §  4795.  SEC.  4.  The  powers  and  duties  herein  im- 
posed or  conferred  upon  the  district  shall,  also  be  and  the  same 
are  hereby  imposed  and  conferred  upon  the  school  trustees  or 
board  of  education  or  other  body,  by  whatever  name  known, 
managing  or  controlling  the  public  schools  in  each  city  and  vil- 
lage of  this  state;  and  this  act  is  hereby  made  applicable  to 
every  public  school  organized  by  special  act  or  by  charter  as 
fully  as  if  they  were  named  herein. 


GENERAL   SCHOOL   LAWS. 


An  Act  to  provide  for  teaching  in  the  public  schools  the  modes  by  which  the 
DANGEROUS  COMMUNICABLE  DISEASES  are  spread,  and  the  best  methods 
for  the  restriction  and  prevention  of  such  diseases. 

[Act  146,  1895.] 

(164.)  §  4796.  SECTION  1.  The  People  of  the  State  of  Michi-  Methods  of 
gan  enact,  That  there  shall  be  taught  in  every  year  in  every 
public  school  in  Michigan  the  principal  modes  by  which  each 
of  the  dangerous  communicable  diseases  are  spread,  and  the 
best  methods  for  the  restriction  and  prevention  of  each  such 
disease.  The  state  board  of  health  shall  annually  send  to 
the  public  school  superintendents  and  teachers  throughout 
this  state  printed  data  and  statements  which  shall  enable 
them  to  comply  with  this  act.  School  boards  are  hereby  re- 
quired to  direct  such  superintendents  and  teachers  to  give 
oral  and  blackboard  instruction,  using  the  data  and  state- 
ments supplied  by  the  state  board  of  health. 

(165.)     §  4797.     SEC.  2.     Neglect  or  refusal  on  the  part  of  Penalty  for 

.     ,        j        ,  -.  -i  .,-,      ,-,  .    .  neglect  or 

any  superintendent  or  teacher  to  comply  with  the  provisions  refusal  to 
of  this  law  shall  be  considered  a  sufficient  cause  for  dismissal  JJSSSonS1 
from  the  school  by  the  school  board.     Any  school  board  wil-  of  this  act. 
fully  neglecting  or  refusing  to  comply  with  any  of  the  pro- 
visions of  this  act  shall  be  subject  to  fine  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  their  office.    This  act 
shall  apply  to  all  schools  in  this  state,  including  schools  in 
cities  or  villages,  whether  incorporated  under  special  charter 
or  under  the  general  laws. 


An  Act  making  an  appropriation  for  the  use  of  the  State  Board  of  Health,  to 
enable  it  to  comply  with  act  one  hundred  and  forty-six,  of  the  public  acts  of 
eighteen  hundred  and  ninety-five,  entitled  "An  act  to  provide  for  teaching 
in  the  public  schools  the  modes  by  which  the  DANGEROUS  COMMUNICABLE 
DISEASES  are  spread  and  the  best  methods  for  the  restriction  and  pre- 
vention of  such  diseases." 

[Act  142,  1897.] 

(166.)     §  4798.     SECTION  1.     The  People  of  the  State  of  Michi-  Appropriation, 
gan  enact,  That  the  sum  of  two  thousand  five  hundred  dollars  SSf^to'dfaw 
per  annum,  is  hereby  appropriated  out  of  the  general  fund,  warrants- 
to  enable  the  state  board  of  health  to  comply  with  section  one 
of  act  one  hundred  and  forty-six  of  the  public  acts  of  eighteen 
hundred  and  ninety-five.    Itemized  bills  for  expenses  incurred 
under  this  act  shall  be  audited  by  the  state  board  of  health, 
whereupon  the  auditor  general  shall  draw  his  warrant  for  the 
amounts   allowed,   not   exceeding  the  amount  appropriated, 
and  the  amounts  thus  allowed  shall  be  paid  from  the  state 
treasury. 

(167.)"    §  4799.     SEC.  2.     The  auditor  general  shall  add  to  Taxes  when 
and  incorporate  with  the  taxes  for  each  year  the  amount  SSpStfon of. 
above  appropriated,  which,  when  collected,  shall  be  passed 
to  the  credit  of  the  proper  fund. 


58 


GENERAL   SCHOOL   LAWS. 


etc.,  required. 


Penalty  for 
failure  to 
publish. 


An  Act  to  provide  for  the  PUBLICATION  OF  THE  PROCEEDINGS  OF  THE 
ANNUAL  SCHOOL  MEETING,  and  an  annual  financial  statement  'in  graded 
school  districts  in  which  a  newspaper  is  published,  and  to  provide  for  the 
expense  thereof,  and  fixing  a  penalty  for  failure  to  make  such  publication. 

[Act  185,  1897.] 

Publication  of  (168.)  §  4800.  SECTION  1.  The  People  of  the  State  of  Michi- 
gan enact,  That  previous  to  the  third  Monday  in  September  of 
every  year,  the  board  of  education,  or  board  of  trustees,  as  the 
case  ma}^  be,  of  any  graded  school  district  in  this  state  in 
which  one  or  more  newspapers  are  published,  shall  cause  to 
be  published  in  a  newspaper  published  in  said  district,  and 
designated  by  said  board,  also  a  full  and  itemized  financial 
statement  of  the  receipts  and  expenditures  of  said  districts 
during  the  preceding  school  year,  the  expense  of  said  publi- 
cation to  be  paid  out  of  the  general  fund  of  the  district. 

(169.)  §  4801.  SEC.  2.  If  any  board  of  education,  or  board 
of  trustees,  as  the  case  may  be,  shall  neglect  to  comply  with 
the  provisions  of  this  act,  each  member  of  any  such  board 
shall  forfeit  the  sum  of  ten  dollars. 


An  Act  to  provide  for  the  purchase  and  display  of  UNITED  STATES  FLAGS  in 
connection  with  the  public  school  buildings  within  this  State. 

[Act  56,  1895.] 

Flags  and  (170.)     §4802.     SECTION  1.     The  People  of  the  State  of  M ichi- 

be  purchased.  9an  enact,  That  the  board  of  education  or  the  board  of  school 
trustees  in  the  several  cities,  townships,  villages  and  school 
districts  of  this  state  shall  purchase  a  United  States  flag  of 
a  size  not  less  than  four  feet  two  inches  by  eight  feet  and 
made  of  good  flag  bunting  "A,"  flag  staff  and  the  necessary 
appliances  therefor  and  shall  display  said  flag  upon,  near,  or 
in  a  conspicuous  place  within,  the  public  school  building  dur- 
ing school  hours  and  at  such  other  times  as  to  the  said  board 
Expense  to  be  maJ  seem  proper;  and  that  the  necessary  funds  to  defray  the 
scehooiemofney^  exPenses  to  be  incurred  herein  shall  be  assessed  and  collected 
in  the  same  manner  as  moneys  for  public  school  purposes  are 
Penalty.          collected  by  law.    And  the  penalties  for  neglect  of  duty  pro- 
vided in  section  two,  chapter  thirteen  of  the  general  school 
laws,  shall  apply  to  any  school  officer  refusing  to  comply  with 
the  provisions  of  this  act. 

Am.  1897,  Act  68. 

An   Act   requiring   certain    RETURNS   TO   BE    MADE    FROM   INCORPORATED 
ACADEMIES,    and    other    literary    institutions. 

[Act  19,  1839.] 

Report  to  be        (171.)     §  4803.     SECTION  1.     Be  it  enacted  ~by  the  Senate  and 

totSStoffSF'  House  °f  Representatives  of  the  State  of  Michigan,  That  it  shall 

be  the  duty  of  the  president  of  the  board  of  trustees  of  every 

organized  academy,  or  literary  or  collegiate  institution,  here- 


Time  lor 
displaying. 


GENERAL   SCHOOL   LAWS.  59 

tofore  incorporated  or  hereafter  to  be  incorporated,  to  cause  to 
be  made  out  by  the  principal  instructor,  or  other  proper  officer, 
and  forwarded,  by  mail  or  otherwise,  to  the  office  of  the  super- 
intendent of  public  instruction,  between  the  first  and  fifteenth 
days  of  December,  in  each  year,  a  report,  setting  forth  the  contents  of 
amount  and  estimated  value  of  real  estate  owned  by  the  corpo- r 
.ration,  the  amount  of  other  funds  and  endowments,  and  the 
yearly  income  from  all  sources,  the  number  of  instructors,  the 
number  of  students  in  the  different  classes,  the  studies  pur 
sued,  and  the  books  used,  the  course  of  instruction,  the  terms 
of  tuition,  and  such  other  matters  as  may  be  specially  re- 
quested by  said  superintendent,  or  as  may  be  deemed  proper 
by  the  president  or  principal  of  such  academies  or  institutes, 
to  enable  the  superintendent  of  public  instruction  to  lay  before 
the  legislature  a  fair  and  full  exhibit  of  the  affairs  and  condi- 
tion of  said  institutions. 


An  Act  to  authorize  the  faculty  of  the  department  of  literature,  science  and  the 
arts,  of  the  UNIVERSITY  of  Michigan  TO  GIVE  TEACHERS'  CERTIFICATES 
in  certain  cases. 

[Act  144,  1891.] 

(172.)     §  4804.     SECTION  1.     The  People  of  the  State  of  Michi-  university 


gan  enact,  That  the  faculty  of  the  department  of  literature, 
science  and  the  arts,  of  the  university  of  Michigan,  shall  give  to  teach'  etc- 
to  every  person  receiving  a  bachelor's,  master's  or  doctor's 
degree,  and  also  a  teacher's  diploma  for  work  done  in  the 
science  and  the  arts  of  teaching  from  said  university,  a  certifi- 
cate, which  shall  serve  as  a  legal  certificate  of  qualification 
to  teach  in  any  of  the  schools  of  this  state,  when  a  copy 
thereof  shall  have  been  filed  or  recorded  in  the  office  of  the 
legal  examining  officer  or  officers  of  the  county,  township, 
city  or  district.  Such  certificate  shall  not  be  liable  to  be  an-  of  annulling 
nulled  except  by  the  said  faculty  of  the  said  university;  but  its  c€  ificate»etc- 
effect  may  be  suspended  in  any  county,  township,  city  or  dis- 
trict, and  the  holder  thereof  may  be  stricken  from  the  list  of 
qualified  teachers  in  such  county,  township,  city  or  district, 
rby  the  legal  examining  officer  or  officers  of  the  said  county, 
township,  city,  or  district,  for  any  cause  and  in  the  same  man- 
ner that  such  examining  officer  or  officers  may  be  by  law 
authorized  to  revoke  certificates  given  by  himself  or  them- 
selves, and  such  suspension  shall  continue  in  force  until  re- 
voked by  the  authority  suspending  it. 


An  Act  to  authorize  the  STATE  BOARD  OF  EDUCATION  TO  GRANT  TEACH- 
ERS' CERTIFICATES  in  certain  cases. 

[Act  136,  1893.] 

(173.)     §  4805.     SECTION  1.     The  People  of  the  State  of  Michi 
gan  enact.  That  the  state  board  of  education  is  hereby  em-  cates  to 
powered,  and  shall  grant  teachers'  certificates  without  ex-  son^etc.er~ 


60 


GENERAL   SCHOOL  LAWS. 


Proviso. 


animation  to  any  person  who  has  received  a  bachelor's,  mas- 
ter's or  doctor's  degree  from  any  college  in  this  state  having 
a  course  of  study  actually  taught  in  such  college,  of  not  less 
than  four  years,  in  addition  to  the  preparatory  work  neces- 
sary for  admission  to  the  university  of  Michigan,  upon  the 
recommendation  from  the  faculty  of  such  college  stating  that 
in  their  judgment  the  applicant  is  entitled  to  receive  such  cer- 
tificate and  in  addition  thereto,  a  course  in  the  science  and  art 
of  teaching  of  at  least  one  college  year  of  five  and  a  half  hours 
per  week,  which  shall  have  been  approved  by  said  board  of 
education,  which  course  shall  have  been  taken  by  such  person 
who  shall  have  received  a  diploma  therefor,  and  shall  include 
a  thorough  examination  of  the  applicant  by  the  college  grant- 
ing such  diploma,  as  to  qualification  and  fitness  for  teaching; 
and  provided  that  if  said  person  furnishes  to  said  board  satis- 
factory proof  of  having  successfully  taught  for  three  years 
in  the  schools  of  this  state,  said  certificate  shall  be  a  life  cer- 
tificate. If  such  proof  is  not  furnished  said  board,  then  such 
certificate  shall  be  for  four  years  only,  and  a  life  certificate 
may  at  any  time  thereafter  be  issued  by  said  board  upon  the 
filing  of  such  proof.  Such  certificate  shall  entitle  the  holder 
to  teach  in  any  of  the  schools  of  this  state  without  examina- 
tion, provided  a  copy  of  the  same  shall  have  been  filled  [filed] 
or  recorded  in  the  office  of  the  legal  examining  officer  or 
officers  of  the  county,  city,  township  or  district  in  which  such 
person  is  to  teach,  and  shall  be  annulled  only  by  the  state 
board  of  education,  and  by  it,  only  for  cause. 

Duty  of  board.  (174.)  §  4806.  SEC.  2.  It  shall  be  the  duty  of  the  said 
board  of  education  to  carefully  examine  any  course  of  study 
in  the  science  and  art  of  teaching  that  may  be  submitted  to  it 
by  the  trustees  of  any  college,  and,  if  satisfactory,  to  furnish 
such  trustees  with  a  written  certificate  approving  the  same. 

when  instruc-  (175.)  §  4807.  SEC.  3.  If,  at  any  time,  the  said  board  of 
e(lucation  shall  conclude  that  any  college,  the  graduates  of 
which  may  desire  to  receive  such  certificate,  is  not  giving  such 
instruction  in  the  science  and  art  of  teaching  and  in  the  other 
branches  as  shall  be  approved  by  said  board,  then  said  board 
shall  so  determine  by  a  formal  resolution,  and  shall  give  notice 
thereof  to  the  trustees  of  such  college,  and  thereafter  no  teach- 
ers' certificates  shall  be  given  by  said  board  to  the  graduates 
of  such  college  until  said  board  shall  be  satisfied  that  proper 
instruction  in  the  science  and  art  of  teaching  and  in  [the] 
other  branches  is  given  by  such  college,  and  shall  certify  such 
fact  to  the  trustees  of  such  college. 


Annulled  by 
whom. 


GENERAL   SCHOOL   LAWS.  61 


COUNTY  COMMISSIONERS  AND  SCHOOL  EXAMINERS. 

An  Act  to  provide  for  the  election  of  a  COUNTY  COMMISSIONER  OF  SCHOOLS, 
for  the  appointment  of  SCHOOL  EXAMINERS,  [and]  to  define  the  duties  and 
fix  the  compensation  for  the  same,  and  to  repeal  all  existing  acts  or  parts  of 
acts  conflicting  with  the  provisions  of  this  act. 

[Act  147,  1891.] 

(176.)     §  4808.     SECTION  1.     The  People  of  the  State  of  Michi-  Election  of 
gan  enact.  That  at  the  meetings  of  the  several  boards  of  super-  mfisione^of 
visors  of  the  different  counties  of  the  state,  to  be  held  on  the  schools. 
fourth  Monday  in  June,  eighteen  hundred  ninety-one,  the  said 
several  boards  of  supervisors  shall  elect  a  county  commis- 
sioner of  schools  for  their  respective  counties,  whose  term  of  Term  of  office, 
office  shall  commence  on  the  fourth  Tuesday  of  August  next 
following,  who  shall  hold  his  or  her  office  until  the  first  day  of 
July,  eighteen  hundred  ninety-three,  or  until  his  or  her  suc- 
cessor shall  be  elected  and  qualified.     Said  board  of  super-  Appointment 
visors  shall  also  on  said  fourth  Monday  of  June,  appoint  two  examiners 
persons  as  school  examiners,  who,  together  with  said  commis- 
sioner of  schools,  shall  constitute  a  board  of  school  examiners. 
One  of  said  school  examiners  shall  be  appointed  for  a  period  Term  of  office, 
of  one  year  and  the  other  for  a  period  of  two  years,  from  and 
after  the  second  Monday  of  October  next  after  their  appoint- 
ment, or  until  their  successors  have  been  appointed  and  quali- 
fied; and  thereafter  such  boards  of  supervisors  shall,  at  each  Annual 
annual  session,  appoint  one  examiner  who  shall  hold  his  office 
for  a  period  of  two  years,  or  until  his  successor  shall  have 
been  appointed  and  qualified.     Any  person  shall  be  eligible  who  eligible 
to  the  office  of  examiner  who  shall  hold,  or  shall  have  held 
within  -three  years  next  preceding  his  appointment,  at  least 
a  second  grade  certificate,  and  has  taught  in  the  public  schools 
at  least  nine  months,  or  who  has  the  qualifications  required 
of  commissioner  in  section  three  of  this  act,  except  an  ex- 
perience of  twelve  months  as  teacher:  Provided,  That  this  shall 
not  apply  to  present  incumbents  of  the  office  of  school  ex- 
aminer.    In  case  a  vacancy  shall  occur  at  any  time  in  the  vacancy,  how 
office  of  school  examiner,  the  judge  of  probate,  together  with  nlled- 
the  board  of  school  examiners  of  the  county  in  which  such 
vacancy  shall  have  occurred,  shall,  within  ten  days  after  the 
occurrence  of  such  vacancy,  appoint  some  suitable  person  to 
fill  such  vacancy.     And  the  person  so  appointed  shall  hold 
the  office  for  the  unexpired  portion  of  the  term,  or  until  his  or 
her  successor  is  appointed  and  has  qualified.    Within  ten  days  oath  of  office, 
after  such  commissioners  or  examiners  shall  have  received 
legal  notice  of  his  or  her  election,  he  or  she  shall  take  and 
subscribe  the  constitutional  oath  of  office,  and  the  same  shall 
be. filed  with  the  county  clerk.    The  said  county  commissioner,  Bond, 
so  appointed,  shall  execute  a  bond  with  two  sufficient  sureties 
to  be  approved  by  and  filed  with  the  county  clerk,  in  the  penal 


62 


GENERAL   SCHOOL   LAWS. 


sum  of  one  thousand  dollars,  conditioned  that  he  or  she  shall 
faithfully  discharge  the  duties  of  his  or  her  office  according 
to  law,  and  to  faithfully  account  for  and  pay  over  to  the 
proper  persons  all  moneys  which  may  come  into  his  or  her 
hands  by  reason  of  his  or  her  holding  such  office;  and  there- 
upon the  county  clerk  shall  report  the  name  and  postoffice 
address  of  such  county  commissioner  to  the  state  superin- 
tendent of  public  instruction. 


County  clerk 
to  report 
address  to. 


Am.  1893,  Act  140  ;  1895,  Act  66  ;  1901,  Act  43. 

This  act  supersedes  chap.  12  of  the  primary  school  law  (in  Chapter  116).  As 
to  the  election  of  school  examiner  under  that  law,  as  amended  by  Act  266  of 
1887,  see  Conrad  v.  Stone,  78  /  635. 

(177.)  §  4809.  SEC.  2.  There  shall  be  elected  at  the  elec- 
^Qn  ^gi^  on  ^ne  grs^  Monday  in  April,  nineteen  hundred  and 
three,  and  every  fourth  year  thereafter,  in  each  county,  one 
Term  of  office,  commissioner  of  schools,  whose  term  of  office  shall  commence 
on  the  first  day  of  July  next  following  his  or  her  election,  and 
who  shall  continue  in  office  four  years  or  until  his  or  her  suc- 
cessor shall  be  elected  and  qualified.  The  county  commis- 
sioner of  schools  elected  under  the  provisions  of  this  section 
shall  file  with  the  county  clerk  for  the  county  for  which  he 
or  she  is  elected  his  or  her  oath  of  office  and  bond,  the  same  as 
provided  in  section  one  of  this  act,  and  the  county  clerk  shall 
make  the  same  report  to  the  superintendent  of  public  instruc- 
tion in  all  respects  as  provided  in  section  one  of  this  act. 


Election  of 
commissioner. 


To  file  oath 
and  bond. 


Eligibility  to 
office  of. 


Proviso. 


Am.    1901,    Act    35. 

(178.)  §  4810.  SEC.  3.  Persons  eligible  to  hold  the  office 
of  commissioner  of  schools  must  possess,  besides  an  experi- 
ence of  twelve  months  as  teacher  in  the  public  schools  of  the 
state,  one  of  the  following  qualifications:  Must  be  a  graduate 
of  the  literary  department  of  some  reputable  college,  uni- 
versity or  state  normal  school,  having  a  course  of  at  least 
three  years,  or  hold  a  state  teacher's  certificate,  or  be  the 
holder  of  a  first  grade  certificate,  but  said  first  grade  certificate 
shall  only  qualify  the  holder  thereof  to  hold  the  office  of  com- 
missioner in  the  county  where  such  certificate  was  granted: 
Provided,  That  persons  who  have  held  the  office  of  commis- 
sioner of  schools  under  the  provisions  of  act  number  one  hun- 
dred forty-seven,  public  acts  of  eighteen  hundred  ninety-one, 
shall  be  eligible.  In  counties  having  less  than  fifty  districts 
subject  to  the  supervision  of  the  county  commissioner,  a  per- 
son holding  at  the  time  of  his  or  her  election  a  second  grade 
certificate  shall  be  eligible. 

Am.   1895.   Act   66. 

QUALIFICATIONS  OF  COMMISSIONER:  A  high  school  is  not  a  col- 
lege within  the  meaning  of  this  section.  A  special  first  grade  certificate  not 
granted  at  one  of  the  regular  public  examinations  provided  for  by  la\v.  or 
one  granted  without  any  examination,  or  one  granted  upon  public  examina- 
tion after  election  as  commissioner,  does  not  qualify.  Holding-  the  office  of 
secretary  of  the  board  of  examiners  under  Act  266  of  1887  (amendatory  of 
chap.  12  of  the  primary  school  law,  now  superseded)  is  not  a  qualification. — 


GENERAL   SCHOOL  LAWS.  .  63 

People  v.  Hewlett,  94  /  165.     The  legislative  intent  is  to  keep  up  the  standard 

of    teachers    by    requiring    certain    educational    qualifications  in    the    persons 

whose  duty  it  is  to  examine  the  teachers  and  determine  their  fitness  for  their 
work. — People  v.  Hewlett,  94  /  169. 

(179.)     §  4811.     SEC.  4.     The   board    of    school    examiners  Board  to 
shall,  for  the  purpose  of  examining  all  persons  who  may  offer 
themselves  as  teachers  for  the  public  schools,  hold  two  regu- 
lar public  examinations  in  each  year  at  the  county  seat,  which 
examinations  shall  be  [begin]  on  the  last  Thursday  of  March 
and  the  third  Thursday  of  August  in  each  year.    From  these 
two  examinations  certificates  of  all  grades  may  be  granted. 
The  said  board  of  examiners  may  also  in  their  discretion  hold 
two  other  regular  public  examinations,  which  shall  begin  on  examinations. 
the  third  Thursday  of  June  and  October  and  at  such  places  as 
in  the  judgment  of  the  board  the  best  interests  of  the  teachers 
may  require.    From  these  two  examinations  only  certificates  what  certm- 
of  the  second  and  third  grade  may  be  granted.    It  shall  be  the 
duty  of  the  county  commissioner  to  make  out  a  schedule  of 
the  times  and  places  of  holding  such  examinations  and  to  schedule  of 
cause  it  to  be  published  in  one  or  more  newspapers  of  the  e> 
county  at  least  ten  days  before  such  examination. 

Am.   1893,   Act  34  ;   1895,  Act  66 ;   1901,   Act  99. 
People  v.   Hewlett,   94  /   170. 

(180.)  §  4812.  SEC.  5.  The  board  of  school  examiners  Meeting  of 
shall  meet  on  the  Saturday  of  the  week  following  each  public 
examination  held  according  to  the  provisions  of  section  four 
of  this  act  and  shall  grant  certificates  to  teachers  in  such 
form  as  the  superintendent  of  public  instruction  shall  pre- 
scribe, licensing  as  teachers  all  persons  who  have  attained 
the  age  of  eighteen  years,  who  have  attended  such  public  ex- 
aminations, and  who  shall  be  found  qualified  in  respect  to 
good  morai  character,  learning  and  ability,  to  instruct  and 
govern  a  school,  but  no  certificate  shall  be  granted  to  any  per- 
son who.  having  arrived  at  the  age  of  twenty-one  years,  is  not 
a  citizen  of  the  United  States,  and  who  shall  not  have  passed 
a  satisfactory  examination  in  orthography,  reading,  writing, 
grammar,  geography,  arithmetic,  theory  and  art  of  teaching, 
United  States  history,  civil  government,  and  physiology  and 
hygiene  with  reference  to  the  effect  of  alcoholic  drinks,  stimu- 
lants and  narcotics  upon  the  human  system:  Provided,  That 
any  commissioner  may,  upon  the  request  of  any  holder  of  a 
second  grade  certificate,  send  the  papers  written  by  such 
person,  properly  certified  and  under  seal,  to  the  county  board 
of  school  examiners  of  any  other  county  for  their  examina- 
tion, and  such  board  of  school  examiners  may,  in  their  discre- 
tion, receive  such  papers,  and  if  they  accept  them,  shall  treat 
them  in  the  same  manner  as  if  written  at  a  public  examination 
in  their  own  county.  The  board  of  examiners  shall  have  the  ^av  renewd 
right,  however,  to  renew  without  examination  the  certificates  certificates 
of  persons  who  shall  have  previously  attained  an  average  examination. 


64 


GENERAL   SCHOOL  LAWS. 


Signing  of 
certificates. 


standing  of  at  least  eighty-five  per  cent  in  all  the  studies 
covered  in  two  or  more  previous  examinations  and  who  shall 
have  been  since  such  last  named  examination  continuously 
and  successfully  teaching  in  the  same  county:  Provided 
further,  That  in  the  renewal  of  a  certified  first  grade  certifi- 
cate the  person  shall  not  be  restricted  to  teaching  in  any  one 
county.  All  certificates  shall  be  signed  by  the  county  commis- 
sioner and  by  at  least  one  of  the  members  of  the  board  of 
examiners.  No  person  shall  be  considered  a  qualified  teacher 
within  the  meaning  of  this -act,  nor  shall  any  school  officer 
employ  or  contract  writh  any  person  to  teach  in  any  of  the 
public  schools  under  the  provisions  of  this  act  who  has  not  a 
certificate  in  force  granted  by  the  board  of  school  examiners 
or  other  lawful  authority.  All  examination  questions  shall 
be  prepared  and  furnished  by  the  superintendent  of  public- 
instruction,  to  the  county  commissioner,  under  seal,  to  be 
opened  in  the  presence  of  the  applicants  for  certificates  on  the 
day  of  examination. 

Am.  1901,  Act  99. 

People  v.  Hewlett,  94  /  170;  O'Leary  v.  Sch.  Dist.,  118  /  469. 

(181.)  §  4813.  SEC.  6.  There  shall  be  three  grades  of 
certificates  granted  by  the  board  of  school  examiners,  in  its 
discretion,  and  subject  to  such  rules  and  regulations  as  the 
superintendent  of  public  instruction  may  prescribe,  which 
grades  of  certificates  shall  be  as  follows:  The  certificate  of 
the  first  grade  shall  be  granted  only  to  those  who  have  taught 
at  least  one  year  with  ability  and  success,  and  it  shall  be  valid 
throughout  the  state  for  four  years:  Provided,  That  all  ex- 
amination papers  for  first  grade  certificates,  favorably  passed 
upon  by  the  board  of  examiners,  together  with  such  certificate 
shall  be  forwarded  to  the  superintendent  of  public  instruction 
within  ten  days  from  date  of  examination  for  inspection :  Pro- 
vided further,  That  any  applicant  for  a  first  grade  certificate 
who  feels  that  the  county  board  of  school  examiners  have  not 
given  his  papers  the  credit  due  them,  may  order  them  sent  to 
the  state  superintendent  of  public  instruction  for  inspection; 
and  if  the  standings  given  by  the  state  superintendent  of 
public  instruction  are  sufficient  for  his  indorsement  of  the 
certificate,  the  county  board  of  school  examiners  shall  issue 
such  certificate,  unless  they  shall  give  reasons  satisfactory 
to  superintendent  of  public  instruction  for  withholding  the 
same:  And  provided  further,  That  no  first  grade  certificate 
shall  be  valid  in  any  county  other  than  that  in  which  it  is 
granted,  unless  approved  and  countersigned  by  the  superin- 
tendent of  public  instruction  and  a  copy  filed  with  the  county 
commissioner  in  the  county  in  which  the  holder  of  said  cer- 
tificate desires  to  teach.  The  certificate  of  the  second  grade 
shall  be  granted  only  to  those  who  shall  have  taught  at  least 
seven  months  with  ability  and  success,  and  it  shall  be  valid 
throughout  the  county  for  which  it  shall  be  granted  for  three 


Superintend- 
ent of  public 
instruction  to 
prepare  exam- 
ination ques- 
tions. 


Grades  of 
certificates. 


First  grade. 


Proviso. 


Dissatisfac- 
tion of  appli- 
cant. 


1'rovisoas  to 
where  first 
grade  to  be 
used. 


Second  grade. 


GENERAL   SCHOOL  LAWS.  65 

years.  The  certificates  of  the  third  grade  shall  be  divided  into  Third  grade, 
two  classes  known  as  A  and  B.  Third  grade  certificates  of  two  classes- 
<-lass  A  shall  be  granted  only  to  persons  who  have  taught  suc- 
cessfully and  continuously  for  at  least  three  years  next  preced- 
ing the  examination,  in  primary  departments  of  graded 
schools,  and  the  [certificate]  certificates  of  this  class  shall 
entitle  the  holder  to  teach  in  primary  departments  of  graded 
schools  only.  Third  grade  certificates  of  class  B  shall  license 
the  holder  to  teach  in  any  school  of  the  county  in  which  it 
shall  be  granted,  for  one  year;  but  no  more  than  three  certifi- 
cates of  this  class  shall  be  granted  to  the  same  person :  Pro-  Proviso  as 

.-.,„,,,,  '     .       .  iiii  to  special 

vided,  That  the  county  commissioner  shall  have  power  upon  certificates, 
personal  examination  satisfactory  to  himself  or  herself  to 
grant  certificates  which  shall  license  the  holder  thereof  to 
teach  in  a  specified  district  for  which  it  shall  be  granted,  but 
such  certificate  shall  not  continue  in  force  beyond  the  time  of 
the  next  public  examination  and  in  no  case  shall  a  second 
special  certificate  be  granted  the  same  person,  and  it  shall  not 
in  any  way  exempt  the  teacher  from  a  full  examination. 

Am.   1893,  Act  34;   1901,  Act  99. 

CERTIFICATES :  The  general  policy  of  the  school  law  is  that  schools  Teachers' 
shall  be  taught  by  qualified  teachers,  but  necessities  may  arise  where  this  certificates, 
•cannot  be  done.  When  such  necessity  arises,  the  district  may  employ  a 
teacher  without  a  certificate,  if  the  board  is  satisfied  of  his  qualifications  and 
pay  him  out  of  any  moneys  except  primary  school  money  and  mill  tax. — 
Hale  v.  Risley.  69  /  596.  As  to  the  liability  of  the  district  for  such  services, 
see  Id.  ;  Stockdale  v.  Sch.  Dist.,  47  /  226  ;  Crane  v.  Sch.  Dist.,  61  /  299  ;  Smith 
T.  Sch.  Dist.,  69  /  589.  See  Sch.  Dist.  v.  Crook,  47  /  112.  A  certificate  issued 
to  one  who  has  not  taken  an  examination  at  all  and  whose  qualifications 
are  not  ascertained  upon  an  examination,  is  not  such  a  certificate  as  the 
law  provides  for. — People  v.  Howlett,  94  /  170-1.  The  action  of  the  board  of 
examiners  in  refusing  a  certificate  cannot  be  questioned  by  the  rejected 
-applicant  in  a  suit  to  recover  wages  she  would  have  earned  under  her  con- 
tract but  for  such  adverse  action. — Lee  v.  Sch.  Dist.,  71  /  361.  A  certificate, 
issued  for  three  years,  cannot  be  legally  extended  by  the  secretary,  by  being 
changed  to  read  for  four  years,  after  the  board  of  examiners  who  issued  it 
liave  gone  out  of  office. — Bryan  v.  Sch.  Dist.,  Ill  /  67. 

SPECIAL  CERTIFICATES :  The  secretary  of  the  board  (under  the  old 
law)  had  no  right,  after  the  refusal  of  the  board  to  grant  a  certificate,  to 
issue  a  special  certificate  to  the  rejected  applicant. — Lee  v.  Sch.  Dist.,  71  /  361. 
The  object  of  a  special  certificate  is  to  bridge  over  the  time  between  the 
•commencement  of  a  school  and  the  next  meeting  of  the  examiners  and  such 
a  certificate  has  life  only  until  the  next  regular  examination. — Id.  ;  People 
T.  Howlett,  94  /  170. 

(182.)     §  4814.     SEC.  7.     The    board    of    school    examiners  suspension  of 
may  suspend  or  revoke  any  teacher's  certificate  issued  by  them  etc.tlfi 
for  any  reason  which  would  have  justified  said  board  in  with- 
holding the  same  wrhen  given,  for  neglect  of  duty,  for  incom- 
petency  to  instruct  or  govern  a  school,  or  for  immorality,  and 
the  said  board  may,  within  their  jurisdiction,  suspend  for  im- 
morality or  incompetency  to  instruct  and  govern  a  school  the 
effect  of  a-ny  teacher's  certificates  that  may  have  been  granted 
by  other  lawrful  authority:    Provided,  That  no  certificate  shall  Proviso. 
be  suspended  or  revoked  without  a  personal  hearing,  unless 
the  holder  thereof  shall,  after  a  reasonable  notice,  neglect  or 
refuse  to  appear  before  the  said  board  for  that  purpose. 

Carver  v.   Sch.  Dist.,   113  /  524.  « 

IMMORALITY :  A  communication  representing  that  a  certain  person  was 
of  bad  moral  character  and  unfit  to  have  the  care  of  a  school,  made  in  good 

9 


66 


GENERAL  SCHOOL  LAWS. 


faith  for  the  purpose  of  preventing  such  person's  teaching  the  school,  is 
privileged  and  is  justified  by  proof  that  he  is  a  blasphemer,  habitually  pro- 
fane and  a  Sabbath-breaker. — Wieman  v.  Mabee,  45  /  484. 


Duty  of 
commissioner. 

Notice  of 
qualification. 


Record  of 

examinations, 

etc. 


Of  fees. 


Record  of 
certificates. 


List  of 
teachers,  etc. 


To  visit 
schools,  etc. 


Proviso  as  to 

assistant 

visitors. 


Counsel  with 
teachers,  etc. 


Improvement 
of  schools,  etc 


To  receive 
annual  re- 
ports, etc. 


(183.)  §  4815.  SEC.  8.  It  shall  be  the  duty  of  the  county 
commissioner:  First,  Immediately  after  his  or  her  qualifica- 
tion as  commissioner,  to  send  notice  thereof  to  the  superin- 
tendent of  public  instruction  and  the  chairman  of  each  town- 
ship board  of  school  inspectors  of  the  county; 

Second,  To  keep  a  record  of  all  examinations  held  by  the 
board  of  school  examiners  and  to  sign  all  certificates  and 
other  papers  and  reports  issued  by  the  board; 

Third,  To  receive  the  institute  fees  provided  by  law  and  to> 
pay  the  same  to  the  county  treasurer  quarterly,  beginning: 
September  thirty,  in  each  year; 

Fourth,  To  keep  a  record  of  all  certificates  granted,  sus- 
pended or  revoked  by  the  said  board  or  commissioner,  show- 
ing to  whom  issued,  together  with  the  date,  grade,  duration  of 
each  certificate  and,  if  suspended  or  revoked,  with  the  date 
and  the  reason  thereof; 

Fifth,  To  furnish,  previous  to  the  first  Monday  in  Septem- 
ber in  each  3rear  to  the  township  clerk  of  each  town  in  the 
county  a  list  of  all  persons  legally  authorized  to  teach  in  the 
county  at  large  during  the  current  school  year,  and  in  such 
township,  with  the  date  and  term  of  each  certificate,  and  if  any 
have  been  suspended  or  revoked,  the  date  of  such  suspension 
or  revocation; 

Sixth,  To  visit  each  of  the  schools  in  the  county  at  least 
once  in  each  year  and  to  examine  carefully  the  discipline,  the 
mode  of  instruction,  and  the  progress  and  proficiency  of  pu- 
pils: Provided,  That  in  counties  containing  one  hundred 
twenty  or  more  districts  the  commissioner  of  schools  is  hereby 
authorized  to  appoint  such  assistants  as  may  be  necessary y 
who  shall  perform  such  duties  as  said  commissioner  shall 
direct:  Provided,  That  in  counties  containing  less  than  one 
hundred  twenty  districts  such  assistants  shall  be  appointed 
with  the  consent  of  the  board  of  supervisors:  Provided  fur- 
ther, That  the  whole  expense  incurred  by  such  assistants  shall 
not  exceed  the  sum  of  ninety  dollars  in  one  year  in  any  county; 

Seventh,  To  counsel  with  the  teachers  and  the  school  board 
as  to  the  course  of  study  to  be  pursued,  and  as  to  any  improve- 
ment in  the  discipline  and  instruction  in  the  schools; 

Eighth,  To  promote  by  such  means  as  he  or  she  may  devise, 
the  improvement  of  the  schools  in  the  county,  and  the  eleva- 
tion of  the  character  and  qualifications  of  the  teachers  and 
officers  thereof,  and  act  as  assistant  conductor  of  institutes 
appointed  by  the  superintendent  of  public  instruction  and  per- 
form such  other  duties  pertaining  thereto  as  the  superin- 
tendent shall  require; 

Ninth,  To  receive  the  duplicate  annual  reports  of  the  sev- 
eral boards  of  school  inspectors,  examine  into  the  correctness 
of  the  same,  requiring  them  to  be  amended  when  necessary. 


GENERAL   SCHOOL   LAWS.  67 

endorse  his  or  her  approval  upon  them,  and  immediately  there- 
after and  before  the  first  day  of  November  in  each  year,  trans- 
mit to  the  superintendent  of  public  instruction  one  copy  of 
each  said  reports  and  file  the  other  in  the  office  of  the  county 
clerk ; 

Tenth,  To  be  subject  to  such  instructions  and  rules  as  the  subject  to 
superintendent  of  public  instruction  may  prescribe;  to  receive 
all  blanks  and  communications  that  may  be  sent  to  him  or  her 
by  the  superintendent  of  public  instruction  and  to  dispose  of  etc. 
the  same  as  directed  by  the  said  superintendent,  and  to  make 
annual  reports  at  the  close  of  the  school  year  to  the  superin- 
tendent of  public  instruction  of  his  or  her  official  labor,  and  of 
the  schools  of  the  county,  together  with  such  other  informa- 
tion as  may  be  required; 

Eleventh,  To  perform  such  other  duties  as  may  be  required  other  duties. 
of  him  or  her  by  law,  and  at  the  close  of  the  term  of  office  to 
deliver  all  records,  books  and  papers  belonging  to  the  office, 
to  his  or  her  successor. 

Am.   1901,   Act  99. 

(184.)     §  4816.     SEC.  9.     It  shall  be  the  duty  of  the  chair-  Duty  of 
man  of  the  board  of  school  inspectors  of  each  township: 

First,  To  have  general  supervisory  charge  of  the  schools  of  supervision  of 
his  township,  subject  to  such  advice  and  direction  as  the  sc    ols' etc' 
county  commissioner  may  give; 

Second,  To  make  such  reports  of  his  official  labors  and  of  TO  make 
the  condition  of  the  schools  as  the  superintendent  of  public  reports' etc- 
instruction  may  direct  or  commissioner  request. 

(185.)     §  4817.     SEC.  10.     The  compensation  of  each  com-  compensation 
missioner  shall  be  determined  by  the  board  of  supervisors  of  sioner^mi 
each  county  respectively,  but  the  compensation  shall  not  be 
fixed  at  a  sum  less  than  five  hundred  dollars  per  annum  in  any 
county  where  there  are  fifty  schools  under  his  or  her  super- 
vision ;  at  not  less  than  one  thousand  dollars  per  annum  where 
there  are  one  hundred  schools  under  such  supervision;  and 
not  less  than  twelve  hundred  dollars  wrhere  there  are  one  hun- 
dred and  twenty-five  schools  under  his  supervision;  and  in  no 
case  shall  such  compensation  exceed  the  sum  of  fifteen  hun- 
dred dollars  per  annum.    Each  member  of  the  board  of  school  of  examiners, 
examiners  other  than  the  county  commissioner  shall  receive 
four  dollars  for  each  day  actually  employed  in  the  duties  of 
his  office.     The  compensation  of  any  assistant  visitor,  when  or  assistant 
appointed  as  provided  in  this  act,  shall  be  determined  by  the  visitors- 
county  commissioner,  but  in  no  case  shall  it  exceed  three  dol- 
lars for  each  day  employed.    The  compensation  of  the  county  TO  be  paid 
commissioner,  members  of  the  board  of  school  examiners  and  (iuarterly- 
of  any  assistant  visitor  shall  be  paid  quarterly  from  the  county 
treasury,  upon  such  commissioner  or  visitor  filing  with  the 
county  clerk  a  certified  statement  of  his  or  her  account,  which 
shall  give  in  separate  items  the  nature  and  amount  of  the  ser- 


68 


GENERAL    SCHOOL   LAWS. 


vice  for  each  day  for  which  compensation  is  claimed:  Pro- 
vided, That  in  no  case  shall  the  county  commissioner  receive 
any  order  for  compensation  from  the  county  clerk  until  he  has 
filed  a  certified  statement  from  the  superintendent  of  public 
instruction  that  all  reports  required  of  the  commissioner  have 
been  properly  made  and  filed  with  said  superintendent:  Pro- 
vided further,  That  no  commissioner  shall  receive  an  order  for 
compensation  until  he  shall  have  filed  with  the  county  clerk  a 
detailed  statement  under  oath  showing  what  schools  have 
been  visited  by  him  during  the  preceding  quarter  and  what 
amount  of  time  was  employed  in  each  school,  naming  the  town- 
of  contingent  ship  and  school  district.  The  necessary  contingent  expenses 

expenses.  n 


Proviso. 


Further 
proviso. 


Limit  of. 


commissioner  for  printing,  postage,  stationery,  record 
books  and  rent  of  rooms  for  public  examinations  shall  be 
audited  and  allowed  by  the  board  of  supervisors  of  the  county, 
but  in  no  county  shall  the  expenses  so  allowed  exceed  the  sum 
of  two  hundred  dollars  per  annum  and  no  traveling  fees  shall 
be  allowed  to  the  commissioner  or  to  any  assistant  visitor  or 
school  examiner. 


ASSISTANT  VISITOR :  Mandamus  to  compel  the  payment  of  an  assist- 
ant visitor  of  schools,  for  services  rendered  under  this  act,  was  denied,  when 
the  commissioner  had  not  determined  the  compensation,  as  required. — Hicks 
v.  Wayne  Co.  Auditors,  97  /  611. 

who  shall  not       (186.)     §  4818.     SEC.  11.     No  superintendent  of  public  in- 
act  as  agent,     struction,  instructor  at  institute,  county  commissioner  or  ex- 
aminer, shall  act  as  agent  for  the  sale  of  any  school  furniture, 
text-books,  maps,  charts  or  other  school  apparatus. 


Of  vacancies. 


Licensing  and 
employment 

of  teachers. 


Proviso  as  to 
cities  employ- 
ing superin- 
tendent and 
principal. 


Am.  1895,  Act  66. 

(187.)  §  4819.  SEC.  12.  Whenever  by  death,  resignation, 
removal  from  office  or  otherwise  a  vacancy  shall  occur  in  the 
office  of  the  county  commissioner  of  schools,  the  county  clerk 
shall  issue  a  call  to  the  chairman  of  the  township  board  of 
school  inspectors  of  each  township  in  the  county,  who  shall 
meet  at  the  office  of  the  county  clerk  on  a  date^to  be  named  in 
said  [notices]  notice  not  more  than  ten  days  from  the  date  of 
the  notice,  and  appoint  a  suitable  person  to  fill  the  vacancy 
for  the  unexpired  portion  of  the  term  of  office. 

(188.)  §  4820.  SEC.  13.  The  officers  of  every  school  dis- 
trict, except  as  hereinafter  provided,  which  is,  or  shall  here- 
after be,  organized  in  whole  or  in  part  in  any  city  or  village 
in  this  state,  which  is  incorporated  under  the  general  laws 
or  by  special  enactment,  in  which  enactment  special  provisions 
exist  in  regard  to  licensing  teachers,  shall  employ  only  such 
teachers  as  are  legally  qualified  under  the  preceding  sections 
of  this  act:  Provided,  That  in  incorporated  cities  employing 
a  principal  of  the  high  school  and  also  a  superintendent  of 
schools,  who  gives  not  less  than  one-half  of  his  time  to  school 
supervision,  the  superintendent  of  schools  and  the  board  of 


GENERAL   SCHOOL   LAWS.  69 

education,  or  a  committee  thereof,  shall  be  empowered  to  ex- 
amine their  teachers  and  grant  certificates  to  such  as  are  not 
already  legally  qualified,  at  such  times  and  in  such  form  as 
the  superintendent  of  public  instruction  shall  prescribe:    And  Provision  as  to 
provided  further,  That  cities  having  a  special  and  thoroughly 
equipped   normal   training   department,   under   control   of   a ment- 
special  training  teacher,  such  school  having  a  course  of  not 
less  than  one  year,  shall  be  exempt  from  the  provisions  of  this 
section  as  to  the  examination  of  the  teachers.    Any  board  of  when  primary 
education  that  shall  violate  the  provisions  of  this  act  by  em- 
ploying  a  teacher  who  is  not  legally  qualified,  shall  forfeit forfeited- 
such  a  proportion  of  the  primary  school  interest  fund  as  the 
number  of  unqualified  teachers  employed  bear  to  the  whole 
number  of  teachers  employed  in  the  district.    All  school  dis- 
tricts organized  by  special   enactment   shall,  through  their 
proper  officers,  make  such  reports  as  the  superintendent  of 
public  instruction  may  require. 

Am.  1895,  Act  66;   1901,  Act  99. 

Section  14  repeals  "all  acts  or  parts  of  acts  conflicting  with  the  provisions  of 
this  act."     As  to  one  effect  of  this  repeal,  see  Perrizo  v.  Kesler,  93  /  284. 


An  Act  to  provide  for  the  EXAMINATION  OF  CANDIDATES  FOR  ADMISSION 
TO  THE  AGRICULTURAL  COLLEGE  by  county  commissioners  of  schools. 

[Act  101,  1895.] 

(189.)  §  4821.  SECTION  1.  The  People  of  the  State  of  Michi- 
gan  enact,  That  it  shall  be  the  duty  of  the  state  superintendent 
of  public  instruction  to  secure,  at  least  twice  each  year,  from  instt 
the  president -of  the  Michigan  agricultural  college,  a  set  of  ex- 
amination questions  in  all  the  studies  required  for  admission 
to  said  college.  It  shall  also  be  the  duty  of  the  state  super- 
intendent of  public  instruction  to  send  a  printed  list  of  said 
examination  questions  to  each  count}'  commissioner  of  schools. 

(190.)  §  4822.  SEC.  2.  It  shall  be  the  duty  of  each  county  county  conv 
commissioner  of  schools  to  give  public  notice  of  this  examina- 
tion  at  the  time  of  all  regular  teachers'  examinations,  and  to 
submit  the  questions  aforesaid  to  any  candidate  who  may  de- 
sire to  enter  the.  agricultural  college.  The  examination  shall 
be  conducted  in  the  same  manner  as  are  the  regular  teachers' 
examinations  of  the  county.  The  work  of  each  and  every  can- 
didate, together  with  the  name  and  address,  shall  be  for- 
warded by  the  commissioner,  within  five  days  from  the  date  of 
the  examination,  to  the  president  of  the  college,  who  shall 
examine  and  grade  the  answers  and  report  to  the  candidate 
within  five  days  of  the  receipt  of  the  paper  the  result  of  the 
examination.  "A  standing  of  seventy  per  cent  in  each  branch 
will  admit  to  freshman  class  of  the  college  without  further 
examination. 


70 


GENERAL    SCHOOL   LAWS. 


Petiti9n  for 
organization 


board, etc. 


TOWNSHIP    SCHOOL    DISTRICTS    IN    THE    UPPER    PENINSULA. 

An    Act    for    the    organization    of    TOWNSHIP    SCHOOL    DISTRICTS    in    the 
UPPER    PENINSULA. 

[Act  176,  1891.] 

(191.)  §  4823.  SECTION  1.  The  People  of  the  State  of  Michi- 
gan enact,  That  whenever  the  qualified  electors  of  any  or- 
ganized township  in  the  upper  penirisula  desire  to  become 
organized  into  a  single  school  district,  they  may  petition  the 
township  board  to  give  notice  that  at  the  succeeding  township 
meeting  the  officers  for  such  organized  school  district  will  be 
chosen,  and  such  other  business  transacted  as  shall  be  neces- 
sary thereto.  Such  petition  shall  be  signed  by  a  majority  of 
the  qualified  electors  of  the  township  and  shall  be  filed  in  the 
office  of  the  township  clerk  at  least  fifteen  days  prior  to  the 
cierk  to  notify  annual  township  meeting.  Upon  the  receipt  and  filing  of  said 
petition,  the  township  clerk  shall  notify  the  members  of  the 
township  board  and  the  school  [inspector]  inspectors  of  the 
township  to  attend  a  special  meeting  to  be  held  not  more  than 
five  days  thereafter,  and  at  which  meeting  it  shall  be  the  duty 
of  such  township  board  to  compare  the  names  signed  to  the 
petition  with  the  names  appearing  on  the  list  of  registered 
voters  qualified  to  vote  at  the  preceding  election,  and  if  it  be 
found  that  a  majority  of  the  voters  qualified  to  vote  at  the 
preceding  election  have  signed  the  petition  that  the  organized 
township  of  wrhich  they  are  resident  be  organized  as  a  single 
school  district,  they  shall  give  notice  that  at  the  then  succeed- 
ing township  meeting  officers  will  be  chosen  for  such  or- 
ganized school  district;  and  shall  make  and  file,  t>oth  with  the 
county  clerk  and  the  secretary  of  the  board  of  school  in- 
spectors of  the  county  in  which  such  township  is  located,  a 
certified  copy  of  the  above  mentioned  petition  together  with 
their  finding  and  doings  thereon,  and  thereupon  such  township 
shall  become  a  single  school  district  which  shall  be  subject  to 
all  the  general  laws  of  the  state,  so  far  as  the  same  may  be 
applicable,  and  said  district  shall  have  all  the  powers  and 
privileges  conferred  upon  union  school  districts  by  the  laws 
of  this  state,  all  the  general  provisions  of  which  relating  to 
common  or  primary  schools  shall  apply  and  be  enforced  in  said 
district,  except  such  as  shall  be  inconsistent  with  the  pro- 
visions of  this  act,  and  all  schools  organized  in  said 
district  in  pursuance  of  this  act,  under  the  directions  and 
regulations  of  said  board  of  education  shall  be  public  and  free 
to  all  persons  actual  residents  within  the  limits  thereof,  be- 
tween the  ages  of  five  and  twenty  years,  inclusive,  and  to  such 
other  persons  as  the  board  of  'education  shall  admit:  Pro- 
vided, That  whenever  the  majority  of  electors  in  any  surveyed 
township  in  such  organized  township  shall  petition  the  board 
of  education  to  establish  a  school  or  schools  therein,  the  said 


To  be  single 
districts,  etc. 


Proviso. 


GENERAL   SCHOOL  LAWS.  71 

board  of  education  are  hereby  authorized  and  directed  within 
three  months  thereafter  to  organize  such  school  or  schools 
therein. 

This  act  is  constitutional. — Perrizo  v.  Kesler,  93  /  280  ;  Keweenaw  Ass'n  v. 
Sen.  Dist.,  98  /  441.  The  provision,  authorizing  the  township  board  and  school 
inspectors  to  determine  whether  a  majority  of  the  qualified  electors  of  the 
township  have  signed  the  petition,  is  sufficient. — Id.  As  to  filing  a  certified 
•copy  of  the  petition,  etc.,  with  the  county  commissioner  of  schools,  instead 
of  with  the  secretary  of  the  board  of  school  inspectors,  see  Id.  284. 

(192.)     §  4824.     SEC.  2.     The  officers  of  said  district  shall  Board  of  edu- 
consist  of  two  trustees,  who,  together  with  the  clerk  and  consut^te° t( 
school  inspectors  of  said  township,  shall  constitute  the  board 
of  education  of  said  district.    Said  trustees  shall  be  elected  by 
ballot  at  the  annual  township  meeting  of  the  township,  upon 
the  same  ticket  and  canvassed  in  the  same  manner  as  town- 
ship officers  required  by  law  to  be  elected  by  ballot:    Provided,  proviso. 
That  at  the  annual  election  to  be  held  in  said  township  next 
subsequent  to  the  filing  of  the  petition  as  set  forth  in  section 
one  of  this  act  there  shall  be  elected  twro  trustees  for  said 
district  by  the  electors  thereof,  one  of  whom  shall  hold  his  Term  of  office, 
office  for  the  term  of  one/ year  and  the  other  one  for  the  term  of 
two  years,  and  until  their  successors  shall  be  elected  and 
qualified,  and  the  time  for  which  the  person  voted  for  is  in- 
tended shall  be  designated  on  the  ballot,  and  at  each  election  TO  be 
thereafter  to  be  held  one  trustee  shall  be  elected  in  said  dis-  on1>tiioted 
trict,  who  shall  hold  his  office  for  the  term  of  two  years,  and 
until  his  successor  shall  be  elected  and  qualified,  said  trustee 
to  be  designated  on  the  ticket  or  ballot  for  "member  of  board 
of  education." 

Am.  1893,  Act  104.     Perrizo  v.  Kesler,  93  /  283. 

(193.)  §  4825.  SEC.  3.  Within  five  days  after  the  annual 
election  the  township  clerk  shall  notify,  in  writing,  the  per- 
sons  elected  trustees  under  this  act  of  their  election,  and 
within  five  days  thereafter  said  trustees  so  elected  shall  take 
and  subscribe  the  oath  of  office  prescribed  by  the  constitution 
of  this  state,  before  any  officer  authorized  to  administer  oaths, 
and  file  the  same  with  the  township  clerk.  The  term  of  office 
of  the  [trustee]  trustees  of  said  district  shall  commence  on  the 
second  Monday  following  the  annual  township  election  at 
which  they  are  elected. 

(194.)     §  4826.     SEC.  4.     The  members  of  the  board  of  edu-  organization 
cation  shall  meet  on  the  third  Monday  of  April  of  each  year,  at 
the  office  of  the  township  clerk,  and  organize.  The  school  in- 
spector of  the  township  whose  term  of  office  will  soonest  ex- 
pire shall  be  president  of  the  board  and  shall  be  entitled  to 
vote  in  all  cases.    In  the  absence  of  the  president  at  any  meet- 
ing a  majority  of  the  members  present  may  choose  one  of  their 
own  number  president  pro  tern.    The  township  clerk  of  said  cierk. 
township  shall  be  ex  officio  clerk  of  said  board  of  education, 


72 


GENERAL    SCHOOL   LAWS. 


and  shall  be  entitled  to  vote  thereon,  and  in  case  of  the  ab- 
sence of  said  clerk  the  board  may  choose  some  suitable  person 

Treasurer.  to  perform  his  duties.  Said  board  shall  on  said  third  Monday 
of  April  in  each  year  elect  from  their  own  number  a  treasurer, 
who  shall  hold  his  office  for  one  year  and  until  his  successor  is 
elected  and  qualified  and  may  at  any  time  fill  a  vacancy  in  the 

proviso.  office  of  treasurer:  Provided,  That  the  person  appointed  to 
fill  a  vacancy  in  the  office  of  treasurer  shall  hold  the  office  for 
the  unexpired  portion  of  the  term  only.  The  treasurer  of  said 
board  shall,  within  five  days  after  his  appointment  as  such 
treasurer,  file  with  the  clerk  of  said  board  the  constitutional 

TO  give  bond,  oath  of  office.  He  shall  also,  before  entering  upon  the  duties 
of  his  office,  give  a  bond  to  said  district  in  such  sum  and  with 
such  sureties  as  said  board  shall  determine  and  approve,  con- 
ditioned for  the  faithful  performance  of  his  duties  under  this 
act,  and  honestly  accounting  for  all  moneys  coming  into  his 
hands  belonging  to  said  district.  The  treasurer  of  said  board 
shall  have  the  keeping  of  all  school  and  library  moneys,  and 
shall  not  pay  out  the  same  without  the  authority  of  the  board, 
upon  warrants  or  orders  drawn  upon  him  and  signed  by  the 
clerk  and  countersigned  by  the  president. 

vacancies.  (195.)  §  4827.  SEC.  5.  Said  board  of  education  shall  have 

power  to  fill  vacancies  that  may  occur  in  the  office  of  trustee 
until  the  next  annual  election,  and  such  trustee  shall  file  with 
the  clerk  of  said  board  his  oath  of  office  within  five  days  after 
such  appointment  by  the  board. 

Quorum,  (196.)     §  4828.     SEC.  6.     A  majority  of  the  members  of  said 

meetings,  etc.  boar(j  shall  constitute  a  quorum,  and  the  regular  meetings  of 
said  board  shall  be  held  on  the  third  Monday  of  April,  August 
and  December  in  each  year,  and  no  notice  of  such  meeting 
shall  be  required,  and  any  two  members  of  said  board  shall 
be  sufficient  to  adjourn  any  meeting  from  time  to  time  until  a 
quorum  is  present.  Special  meetings  of  said  board  may  be 
called  at  any  time  on  the  request  of  the  president,  or  any  two 
members  thereof,  in  writing,  delivered  to  the  clerk;  and  the 
clerk  upon  receiving  such  request  shall  at  once  notify  each 
member  of -said  board,  if  writhin  said  district,  of  the  time  of 
holding  such  meeting,  which  shall  be  at  least  three  days  sub- 
sequent to  the  time  of  receiving  such  request  by  said  clerk. 
All  [the]  meetings  of  said  board  shall  be  held  at  the  township 
clerk's  office,  unless  otherwise  ordered  by  a  resolution  of  the 
board;  and  all  records  and  papers  of  said  district  shall  be  kept 
in  the  custody  of  said  clerk  and  shall  be  open  to  the  inspection 
of  any  taxpayer  of  said  district. 


Board  to 
report,  etc. 


Schafer  v.  Sch.  Dist.,  116  /  206. 

(197.)  §  4829.  SEC.  7.  The  said  board  shall  be  the  board 
of  school  [inspection]  inspectors  for  said  district  and  shall,  as 
such,  report  to  the  clerk  of  the  county  in  which  such  township 
is  located  and  shall  have  all  the  powers  and  perform  all  the 


GENERAL   SCHOOL   LAWS.  73 

duties  now  enjoyed  and  performed  by  boards  of  school  inspect- 
ors, and  the  president  of  said  board  shall  perform  all  the  du- 
ties required  by  law  of  the  chairman  of  the  board  of  school  in- 
spectors, and  the  board  of  school  inspectors  for  such  town- 
ship is  hereby  abolished  except  as  its  powers  are  vested  in  said 
board  of  education. 

(198.)     §  4830.     SEC.  8.     The  board  of  education  of  said  dis- Powers  of 
trict  shall  have  power  and  authority  to  designate  and  pur-  to 
chase  school  house  sites,  erect  buildings  and  furnish  the  same, 
employ  legally  qualified  teachers,  provide  books  for  district  li 
brary,make  by-laws  relative  to  taking  the  census  of  all  children 
in  said  district  between  the  ages  of  five  and  twenty  years,  and 
to  make  all  necessary  reports  and  transmit  the  same  to  the 
proper  officers,  as  designated  by  law,  so  that  the  district  may 
be  entitled  to  its  proportion  of  the  primary  school  fund;  and 
said  board  shall  have  authority  to  make  all  needful  regula- 
tions and  by-laws  relative  to  visitation  of  schools;  relative  to 
the  length  of  time  schools  shall  be  kept,  which  shall  not  be  less 
than  three  months  in  each  year;  relative  to  the  employment  of 
teachers  duly  and  legally  qualified;  relative  to  the  regulations 
of  schools  and  the  books  to  be  used  therein,  and  generally  to 
do  all  things  needful  and  desirable  for  the  maintenance,  pros- 
perity and  success  of  the  schools  of  said  district,  and  the  pro- 
motion of  a  thorough  education  of  the  children  thereof.     It  Treasurer  to 
shall  be  the  duty  of  the  treasurer  of  said  board  to  apply  for  SSney's!* 
and  receive  from  the  township  treasurer  or  other  officer  hold- 
ing the  same,  all  moneys  appropriated  for  primary  [schools] 
school  and  district  library  of  said  district. 

Perrizo   v.    Kesler,    93   /   283. 

(199.)  §4831.  SEC.  9.  At  each  annual  township  meeting  Tax  for  school 
held  in  said  township,  the  qualified  electors  present  shall  de-  r 
termine  the  amount  of  money  to  be  raised  by  tax  for  all  school 
purposes  for  the  ensuing  year:  Provided,  That  in  case  the  Proviso, 
electors  at  any  annual  township  meeting  shall  neglect  or  re- 
fuse to  determine  the  amount  to  be  raised  as  aforesaid,  then 
the  board  of  education  shall  determine  the  same  at  any  regu- 
lar meeting  thereof,  which  amount  the  township  clerk  shall, 
within  sixty  days  thereafter,  certify  to  the  supervisor  of  the 
township,  who  shall  spread  the  same  upon  the  regular  tax  roll 
of  said  township,  and  the  same  shall  be  levied,  collected  and 
returned  in  the  same  manner  as  other  township  taxes:  Pro- 
vided,  That  for  purchasing  school  lots  and  for  erecting  school- 
houses,  no  greater  sum  than  three  mills  on  the  dollar  of  all  the 
taxable  valuation  of  the  real  and  personal  property  in  said 
township  shall  be  levied  in  any  one  year. 

Auditor  General  v.  Duluth,  South  Shore,  etc.,  11G  /  122  ;  Auditor  General  v. 
Sparrow,    116   /    576. 

10 


74 


GENERAL   SCHOOL   LAWS. 


Of  assessment 
roll. 


Treasurer  to 
report,  etc. 


(200.)  §  4832.  SEC.  10.  All  taxes  assessed  within  said 
township  for  school  purposes  shall  be  set  forth  in  the  assess- 
ment roll  of  said  township,  in  a  separate  column,  apart  and 
distinct  from  all  other  township  taxes. 

(201.)  §  4833.  SEC.  11.  The  treasurer  of  the  township 
shall  at  any  time,  at  the  written  request  of  said  board  of  edu- 
cation, report  to  said  board  the  amount  of  school  money  in  his 
hands,  and  shall,  on  the  order  of  the  president  of  said  board 
of  education,  pay  to  the  treasurer  of  said  board  all  such 
money,  taking  his  receipt  therefor,  and  also  a  duplicate  receipt 
which  he  shall  file  with  the  clerk  of  said  board. 

Board  to  make  (202.)  §  4834.  SEC.  12.  The  said  board  shall  annually, 
statement,  etc.  prjor  to  the  first  day  of  April  in  each  year,  make  a  detailed 
statement  of  the  number  of  schools  in  said  district,  the  num- 
ber of  teachers  employed,  and  the  number  of  pupils  instructed 
therein  during  the  preceding  year,  and  the  expenditures  of 
said  board  for  all  purposes,  and  also  the  resources  and  liabili- 
ties of  said  district,  which  report  or  statement  shall  be  en- 
tered at  length  in  the  record  of  said  board  and  shall  be  pub- 
licly read  by  the  president  of  said  board,  or  in  his  absence  by 
the  clerk  thereof,  to  the  electors  of  said  township  at  their 
annual  meeting  on  the  first  Monday  of  April  thereafter  at  the 
hour  of  twelve  o'clock  noon. 

(203.)  §  4835.  SEC.  13.  All  school  property,  both  real 
and  personal,  within  the  limits  of  a  township  incorporated 
as  aforesaid,  shall,  by  force  of  this  act,  become  the  property  of 
the  public  schools  of  such  township,  and  all  debts  and  liabili- 
ties of  the  primary  school  districts  of  said  township,  as  they 
existed  prior  to  its  incorporation  under  the  provisions  of  this 
act,  shall  become  the  debts  and  liabilities  of  said  public 
schools  of  the  township  so  incorporated. 


Disposition 
of  school 
property. 


While  the  injustice  and  ineauality  of  this  section  may  well  be  admitted,  in 
certain  cases,  yet  there  is  no  constitutional  objection  to  it. — Perrizo  v.  Kes- 
ler,  93  /  283-4. 


Of  moneys 
raised  by  tax. 


Compensation 
of  board,  etc. 


When  town- 
ship is  divided, 
etc. 


(204.)  §  4836.  SEC.  14.  All  money  raised  or  being  raised 
by  tax,  or  accrued  or  accruing  to  the  school  districts  of  said 
township,  as  organized  under  the  primary  school  laws  of  this 
state  shall  hereby  become  the  money  of  the  public  school  of 
the  township  and  no  tax  heretofore  ordered  assessed  or  levied 
for  -school  purposes  in  said  township  or  other  proceedings 
shall  be  invalidated  or  affected  by  means  of  this  act. 

(205.)  §  4837.  SEC.  15.  The  compensation  of  the  mem- 
bers of  the  board  of  education  shall  be  one  dollar  and  fifty 
cents  for  each  day's  actual  service  rendered  for  said  district, 
and  the  clerk  and  treasurer  of  said  board  shall  receive  such 
compensation  for  their  services  as  the  board  may  determine, 
not  exceeding  fifty  dollars  each  per  annum. 

(206.)  §  4838.  SEC.  16.  When  any  township  district  shall 
be  divided  into  two  or  more  townships,  the  existing  board  of 
trustees  shall  continue  to  act  for  all  the  townships  until  the 


GENERAL    SCHOOL   LAWS.  75 

same  have  been  organized  and  the  township  boards  of  trustees 
duly  elected  and  qualified  therein.  Immediately  after  such 
organization  the  township  boards  of  each  of  the  townships 
shall  meet  in  joint  session  and  direct  an  appraisal  of  all  the 
school  property  of  the  former  township  to  be  made.  When 
such  appraisal  has  been  made,  said  township  boards  shall 
make  an  equitable  division  of  the  existing  assets  and  liabili- 
ties of  the  school  district  of  such  former  township,  basing 
their  apportionment  upon  the  amount  of  taxable  property  in 
the  township  divided,  as  shown  by  the  last  assessment  roll  of 
such  former  township.  When  a  township  district  shall  be  Alteration  of 
altered  in  its  limits  by  annexing  a  portion  of  its  territory  to  townshlP> etc- 
another  township  or  townships,  the  township  boards  of  each 
of  the  townships  shall,  immediately  after  such  alteration,  meet 
in  joint  session  and  make  an  equitable  division  of  the  assets 
and  liabilities  of  the  school  district  of  the  township  from 
which  the  territory  has  been  detached,  basing  their  division 
upon  the  amount  of  taxable  property,  as  the  same  shall  ap- 
pear upon  the  last  assessment  roll  of  such  township. 


TEACHERS'  INSTITUTES. 

An  Act  to  provide  for  the  better  SUPPORT  OF  TEACHERS'  INSTITUTES,  and 
to  repeal  sections  three  thousand  seven  hundred  and  eighty-nine,  three 
thousand  seven  hundred  ninety,  and  three  thousand  seven  hundred  niuety- 
oiie  of  the  compiled  laws  of  eighteen  hundred  and  seventy-one. 

[Act  53,  1877.] 

(207.)     §  4839.     SECTION  1.     The  People  of  the  State  of  Michi- 
gan enact,  That  all  boards  or  officers,  authorized  by  law  to  ex-  ap^icanfslcor 
amine  applicants  for  certificates  of  qualification  as  teachers,  C€ 
shall  collect,  at  the  time  of  examination,  from  each  male  ap- 
plicant for  a  certificate,  an  annual  fee  of  one  dollar,  and  from 
each  female  applicant  for  a  certificate,  an  annual  fee  of  fifty 
cents,  and  the  director  and  secretary  of  any  school  board  that  when^be 
shall  employ  any  teacher  who  has  not  paid  the  fee  hereinbe-  director,  etc., 
fore  provided,  shall  collect,  at  the  time  of  making  contract,  boa^d.001 
from  each  male  teacher  so  employed,  an  annual  fee  of  one  dol- 
lar, and  from  each  female  teacher  so  employed,  an  annual  fee 
of  fifty  cents.     All  persons  paying  a  fee  as  required  by  this  Receipt, 
section,  shall  be  given  a  receipt  for  the  same,  and  no  person 
shall  be  required  to  pay  said  fee  inore  than  once  in  any  school 
year. 

Am.    1S83,    Act    112. 

ACT  VALID  :  This  act  does  not  conflict  with  Const,  xiv,  1.  on  the  ground 
that  the  fees  are  specific  taxes ;  nor  on  the  ground  that  the  fees  are  not 
uniform.  This  section  is  not  defective,  incomplete,  ineffectual  and  therefore 
void. — Hammond  v.  School  Board,  109  /  676. 

(208.)     §  4840.     SEC.  2.     All  such  fees,  collected  by  the  di-  Disposition 
rector  or  secretary  of  any  school  board,  shall  be  paid  over  to 
the  secretarv  of  the  countv  board  of  school  examiners  of  the 


76 


GENERAL   SCHOOL   LAWS. 


county  in  which  they  were  collected,  on  or  before  the  fifteenth 
day  of  March,  June,  September  and  December,  accompanied 
by"  a  list  of  those  persons  from  whom  they  were  collected,  and 
all  of  such  fees,  together  with  all  those  that  shall  be  collected 
by  the  county  board  of  school  examiners,  shall  be  paid  over  by 
the  secretary  of  said  board  of  school  examiners  to  the  treas- 
urer of  the  county  in  which  they  were  collected,  on  or  before 
the  last  day  of  March,  June,  September  and  December,  in  each 
year,  accompanied  by  a  complete  list  of  all  persons  from  whom 
said  fees  were  collected,  and  a  like  list,  accompanied  by  a 
statement  from  the  county  treasurer  that  said  fees  have  been 
paid  to  him,  shall  be  sent  by  said  secretary  to  the  superin- 
tendent of  public  instruction.  All  moneys  paid  over  to  the 
county  treasurer,  as  provided  by  this  act,  shall  be  set  apart  as 
a  teacher's  institute  fund,  to  be  used  as  hereinafter  provided. 

Am.   Id. 


Annual  county      (209.)     §  4841.     SEC.  3.     The  superintendent  of  public  in- 

institute.  struction  shall  annually  appoint  a  time  and  place  in  each  or- 
ganized county  for  holding  a  teachers'  institute,  make  suitable 

Proviso— when  arrangements  therefor,  and  give  due  notice  thereof:  Provided, 
That  in  organized  counties  having  less  than  one  thousand 
children  between  the  ages  of  five  and  twenty  years,  the  hold- 
ing of  such  institute  shall  be  optional  with  the  said  superin- 
tendent, unless  requested  to  hold  such  institute  by  fifteen 
teachers  of  the  county  in  which  such  institute  is  to  be  held: 

Proviso.  Provided,  however,  That  if  there  shall  not  be  a  sufficient  num- 
ber of  teachers  in  any  county  to  make  such  request,  then 
teachers  of  adjoining  counties  who  desire  to  attend  such  insti- 
tute may  unite  in  the  required  application  to  said  superin- 

Proviso.  tendent:  Provided,  also,  That  the  said  superintendent  may, 
in  his  discretion,  hold  an  institute  for  the  benefit  of  two  or 
more  adjoining  counties,  and  draw  the  institute  fund  from 
each  of  the  counties  thus  benefited,  as  hereinafter  provided. 


In  case  of 
inability  of 
superintend- 
ent. 


Certificate  of 
attendance. 


Teachers 
attending  not 
to  forfeit 
wages. 


Am.    1879,    Act    68. 

(210.)  §  4842.  SEC.  4.  The  superintendent  of  public  in- 
struction, in  case  of  inability  personally  to  conduct  any  insti- 
tute, or  to  make  the  necessary  arrangements  for  holding  the 
same,  is  hereby  authorized  to  appoint  some  suitable  person 
for  that  purpose,  who  shall  .be  subject  to  the  direction  of  said 
superintendent.  Every  teacher  attending  any  institute  held 
in  accordance  with  the  provisions  of  this  act,  shall  be  given 
by  the  superintendent  of  public  instruction,  or  by  the  duly 
appointed  conductor,  a  certificate  setting  forth  at  what  ses- 
sions of  said  institute  such  teacher  shall  have  been  in  attend- 
ance, and  any  teacher  who  shall  have  closed  his  or  her  school, 
in  order  to  attend  said  institute,  shall  not  forfeit  his  or  her 
wages  as  teacher,  during  such  time  as  he  or  she  shall  have 


GENERAL   SCHOOL   LAWS. 


been  in  attendance  at  said  institute,  and  the  certificate  herein- 
before provided  shall  be  evidence  of  such  attendance. 

(211.)  §  4843.  SEC.  5.  For  the  purpose  of  defraying  the  Expense  of 
expenses  of  rooms,  fires,  lights,  or  other  necessary  charges, 
and  for  procuring  teachers  and  lecturers,  the  said  superin- 
tendent, or  the  person  duly  authorized  by  him  to  conduct  said 
institute,  may  demand  of  the  county  clerk  of  each  county  for 
the  benefit  of  which  the  institute  is  held,  who  shall  thereupon 
draw  an  order  on  the  county  treasurer  of  his  county  for  such 
sum,  not  exceeding  the  amount  of  the  institute  fund  in  the 
county  treasury,  as  may  be  necessary  to  defray  the  expenses 
of  said  institute;  and  the  treasurer  of  said  county  is  hereby 
required  to  pay  over  to  said  superintendent  or  duly  appointed 
institute,  conductor,  from  the  institute  fund  in  his  hands,  the 
amount  of  said  order. 

Am.  Id. 

(212.)  §  4844.  SEC.  6.  In  case  the  institute  fund  in  any  May  draw  on 
county  shall  be  insufficient  to  defray  the  necessary  expenses  ure?. tr< 
of  any  institute  held  under  the  provisions  of  this  act  the 
auditor  general  shall,  upon  the  certificate  of  the  superin- 
tendent that  he  has  made  arrangements  for  holding  such  in- 
stitute, and  that  the  county  institute  fund  is  insufficient  to 
meet  the  expenses  thereof,  draw  his  warrant  upon  the  state 
treasurer  for  such  additional  sum  as  said  superintendent  shall 
deem  necessary  for  conducting  such  institute,  which  sum  shall 
not  exceed  one  hundred  dollars  for  each  institute,  and  shall 
be  paid  out  of  the  general  fund. 

Am.   1899,   Act  64. 

(213.)  §  4845.  SEC.  7.  The  superintendent  is  authorized  yearly  state 
to  hold,  once  in  each  year,  an  institute  for  the  state  at  large, 1D 
to  be  denominated  a  state  institute,  and  for  the  purpose  of 
defraying  the  necessary  expenses  of  such  institute,  the  auditor 
general  shall,  on  the  certificate  of  said  superintendent  that  he 
has  made  arrangements  for  holding  such  institute,  draw  his 
warrant  upon  the  state  treasurer  for  such  sum  as  said  super- 
intendent shall  deem  necessary  for  conducting  such  institute, 
which  sum  shall  not  exceed  four  hundred  dollars  and  shall  be 
paid  out  of  the  general  fund:  Provided,  That  not  more  than 
three  thousand  dollars  shall  be  drawn  from  the  treasury,  or 
any  greater  liability  incurred  in  any  one  year  to  meet  the  pro- 
visions of  this  act. 

Am.   Id. 

(214.)  §  4846.  SEC.  8.  The  superintendent  of  public  in- 
struction  or  the  conductor  of  the  institute  by  him  appointed, 
drawing  money  from  the  county  treasurer,  under  section  five 
of  this  act,  shall,  at  the  close  of  each  institute,  furnish  to  the 


78 


GENERAL    SCHOOL   LAWS. 


county  treasurer,  vouchers  for  all  payments  from  the  same  in 
accordance  with  this  act,  and  he  shall  return  to  the  county 
treasurer  whatever  of  the  amount  that  may  remain  unex- 
pended, to  be  replaced  in  the  institute  fund. 


compulsory 

chXdr^nund 
certain  age. 


Proviso  as  to 

taught  ?n 
private  school, 


exemistinSto 
certam  SSi- 


what 


COMPULSORY  EDUCATION. 

An  Act  to  provide  for  the  COMPULSORY  EDUCATION  of  children,  for  the 
PUNISHMENT  OF  TRUANCY,  and  to  repeal  all  acts  or  parts  of  acts  con- 
flicting with  the  provisions  of  the  same. 

[Act  95,  1895.] 

(215.)  §  4847.  SECTION  1.  The  People  of  the  State  of  Michi- 
$an  enac^  That  every  parent,  guardian  or  other  person  in  the 
state  of  Michigan  having  control  and  charge  of  any  child  or 
children  between  the  the  ages  of  eight  and  fifteen  years  and  in 
cities  between  the  ages  of  seven  and  fifteen  years,  shall  be  re- 
quired to  send  such  child  or  children  to  the  public  school  for  a 
period  of  at  least  four  months  in  each  school  year,  except  that 
in  cities  having  a  duly  constituted  police  force,  the  attendance 
at  school  shall  not  be  limited  to  four  months  beginning  on  the 
first  Monday  of  the  first  term  in  his  or  her  district  after 
September  first  of  each  year.  And  such  attendance,  in  cities, 
shall  be  consecutive  until  each  and  every  pupil  between  the 
ages  of  seven  and  fifteen  years  shall  have  attended  school 
the  entire  school  year  previous  to  the  thirtieth  day  of  June  in 
each  school  year:  Provided,  If  it  be  shown  that  any  such 
child  or  children  are  being  taught  in  a  private  school  in  such 
branches  as  are  usually  taught  in  the  public  schools,  or  have 
already  acquired  the  ordinary  branches  of  learning  taught  in 
public  schools,  or  if  the  person  or  persons  in  parental  relation 
to  such  child  or  children  present  a  written  statement  that 
such  child  or  children  is  or  are  physically  unable  to  attend 
school,  the  truant  officer  or  district  board  may  employ  a  repu- 
table  physician  to  examine  such  child  or  children,  and  if  such 
physician  shall  certify  that  such  child  or  children  is  or  are 
physically  unable  to  attend  school,  such  child  or  children 
shall  be  exempt  from  the  provisions  of  this  act:  Provided 
^urther,  That  the  school  boards  in  cities  may  on  the  recom- 
mendation  of  the  superintendent  of  schools  and  of  the  truant 
officer,  exempt  children  over  fourteen  years  of  age  from  at- 
tendance at  school  for  either  a  part  or  for  the  whole  of  the 
time  until  they  shall  severally  reach  the  age  of  fifteen  years, 
for  any  reason  that  said  boards  may  deem  sufficient:  And 
further  provided,  That  in  case  a  public  school  shall  not  be 
taught  for  four  months  during  the  time  herein  specified, 
within  two  miles  by  the  nearest  traveled  road,  of  the  residence 
of  any  such  child  or  children  (under  nine  years  of  age),  shall 
not  be  liable  to  the  provisions  of  this  act. 


Am.  1897,  Act  67;   1901,  Act  83. 

See  act  to  punish  truancy  and  prevent  crime.    Section  11765,  Comp.  Section  221.. 


GENERAL   SCHOOL   LAWS.  79 


(216.)     §  4848.     SEC.  2.     The  district  board  or  board  of  edu-  District  board 
cation  in  each  school  district  in  this  state  which  shall  have 
been  organized  as  a  graded  school  district  or  as  a  township 
district  according  to  the  laws  of  this  state  (or  the  school  house 
of  which  shall  be  within  the  corporate  limits  of  any  incor- 
porated village),  shall,  previous  to  the  tenth  day  of  September 
of  each  year,  appoint  a  truant  officer  for  the  current  school 
year  (and  until  his  successor  shall  be  appointed  and  qualified, 
and  shall  fill  any  vacancy  in  such  office  that  shall  occur  during 
the  year);  and  the  district  board  of  any  school  district  having 
a  school  population  of  fifty  or  more,  according  to  the  last 
school  census,  may,  in  its  discretion  appoint  such  truant  offi- 
cer.    In  school  districts  organized  under  the  primary  school  in  townships 
law,  and  having  no  truant  officer  appointed  by  the  district  truant  officers, 
board,   the   chairman   of  the   township  board   of   school  in- 
spectors shall  be  the  truant  officer,  and  shall  perform  all 
the    duties    of    truant    officer,  as    provided    for  in    this  act, 
so  far  as  the  provisions  of  this  law  apply  to  the  territory  over 
which  he  has  jurisdiction:    Provided,  That  in  cities  having  a  Proviso  as  to 
duly  organized  police  force,  it  shall  be  the  duty  of  the  police  or|anSD& 
authorities,  at  the  request  of  the  school  authorities,  to  detail  po°ice  force- 
one  or  more  members  of  such  police  force  to  perform  the 
duties  of  truant  officer,  providing  that  nothing  herein  shall  be 
construed  as  prohibiting  a  city  board  of  education  from  ap- 
pointing any  citizen  not  a  police  officer  as  truant  officer.    The  compensation 
compensation  of  the  truant  officer,  in  graded  school  districts  officers^ 
(school   districts,   the   school   house  of  which  is   within  the 
corporate  limits  of  any  incorporated  village  and  in  school 
districts    exercising    such    discretionary    appointing    power, 
shall  be  fixed  by  the  board  which  appoints),  and  in  townships 
such  compensation  shall  be  fixed  by  the  township  board,  but 
in  no  case  shall  such  compensation  be  less  than  one  dollar 
and  fifty  cents  per  day  for  the  time  actually  employed  under 
the  direction  of  the  school  board  in  the  performance  of  the 
official  duties  of  such  truant  officer.    Such  compensation  shall 
be  allowed  and  paid  to  such  truant  officers  in  the  same  manner 
that  other  incidental  expenses  are  allowed  and  paid  by  such 
board. 

Am.   1901,  Act  83. 

(217.)     §  4849.     SEC.  3.     It  shall  be  the  duty  of  the  school  Duty  of 
director  at  the  commencement  of  each  term  of  school  to  pro-  d 
vide  the  teacher  with  a  copy  of  the  last  census.     At  the  ex-  Duty  of 
piration  of  each  month  of  school  the  teacher  shall  examine  teacher- 
the  said  census  list  and  report  to  the  proper  truant  officer  the 
names  of  such  children  upon  the  census  list  as  have  not,  dur- 
ing the  preceding  month,  attended  school  according  to  the 
provisions  of  this  act.     It  shall  be  the  duty  of  the  truant  Duties  of 
officer  (whenever  notified  by  teacher  or  other  persons  of  viola- t 
tions  of  this  act),  to  investigate  all  cases  of  truancy  or  non- 


80 


GENERAL   SCHOOL  LAWS. 


attendance  at  school  and  render  all  service  within  his  power 
to  compel  children  to  attend  school,  and  when  informed  of 
continued  non-attendance  by  any  teacher  or  resident  of  the 
school  district  he  shall  immediately  notify  the  persons  having 
control  of  such  children  that  on  the  following  Monday  such 
children  shall  present  themselves  with  the  necessary  text- 
books for  instruction  in  the  proper  school  or  schools  of  the 
district.  The  notice  shall  inform  said  parent  or  guardian  that 
attendance  at  school  must  be  consecutive  at  least  eight  half 
days  of  each  week  until  the  end  of  that  term,  except  in  cities 
having  a  duly  constituted  police  force,  attendance  in  school 
shall  be  contiuous.  In  case  any  parent,  guardian  or  other  per- 
son shall  fail  to  comply  with  the  provisions  of  this  act  he  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall,  on  conviction,  be 
liable  to  a  fine  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars,  or  by  imprisonment  in  the  county  or  city  jail  for  not 
less  than  two  or  more  than  ninety  days,  or  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court. 


Notice  of 
truant  officer 
to  parent  or 
guardian. 


When  parent 
or  guardian 
guilty  of  a 
misdemeanor. 


Am.   Id. 


Where  un- 
graded school 
districts  may 
be  established 
for  the  instruc- 
tion of  certain 
children. 


Who  deemed 
juvenile 
disorderly 
persons. 


To  be  classified 
into  three 
classes. 


Truant  officer 
to  make  com- 
plaint against 
parent  or 
guardian  for 
neglect  of 
duty. 


(218.)  §  4850.  SEC.  4.  In  all  city  school  districts  in  this 
state  having  a  school  census  of  five  hundred  or  more  pupils, 
the  school  board  or  officers  having  in  charge  the  schools  of 
such  districts  may  establish  one  or  more  ungraded  schools  for 
the  instruction  of  certain  children,  as  defined  and  set  forth  in 
the  following  section.  They  may,  through  their  truant  officer 
and  superintendent  of  schools,  require  such  children  to  attend 
said  ungraded  schools,  or  any  department  of  their  graded 
schools,  as  said  board  of  education  may  direct. 

(219.)  §  4851.  SEC.  5.  The  following  classes  of  persons 
between  the  ages  of  eight  and  fourteen  years,  and  in  cities  be- 
tween the  ages  of  seven  and  sixteen  years,  shall  be  deemed 
juvenile  disorderly  persons,  and  shall,  in  the  judgment  of  the 
proper  school  authorities,  be  assigned  to  the  ungraded  school 
or  schools  as  provided  in  section  four  of  this  act:  Class  one, 
habitual  truants  from  any  school  in  which  they  are  enrolled 
as  pupils;  class  two,  children  who,  while  attending  any  school, 
are  incorrigibly  turbulent,  disobedient  or  insubordinate,  or 
are  vicious  or  immoral  in  conduct;  class  three,  children  who 
are  not  attending  any  school  and  who  habitually  frequent 
streets  and  other  public  places,  having  no  lawful  business, 
employment  or  occupation. 

(220*)  §  4852.  SEC.  0.  It  shall  be  the  duty  of  the  truant 
officer,  in  case  of  a  violation  of  this  law,  within  one  week  after 
he  shall  have  had  knowledge,  or  shall  have  received  notice 
from  a  teacher,  superintendent,  or  other  person  of  a  non-com- 
pliance with  the  notice  given  to  the  parent  or  guardians  as 
specified  in  section  three,  to  make  a  complaint  against  said 
parent,  guardian  or  other  person  having  the  legal  charge  and 
control  of  such  child,  before  a  justice  of  the  peace  in  the  city, 


GENERAL  SCHOOL  LAWS.  81 

Tillage,  township  or  adjoining  township,  where  the  party  re- 
sides, except  in  cities  having  recorder's  or  police  court,  for 
such  refusal  or  neglect;  and  said  justice  of  the  peace,  police  Penalty  upon 
judge  or  recorder's  court  shall  issue  a  warrant  upon  said  com-  conviction- 
plaint  and  shall  proceed  to  hear  and  determine  the  same,  and 
upon  conviction  thereof  said  parent,  guardian  or  other  person, 
as  the  case  may  be,  shall  be  punished  according  to  the  pro- 
visions of  section  three  of  this  act.  It  shall  be  the  duty  of  all 
school  officers,  superintendents  or  teachers,  to  render  such 
assistance  and  furnish  such  information  as  they  have  at  their 
command,  to  aid  said  truant  officer  in  the  fulfillment  of  his 
official  duties. 

Am.   1901,  Act  83. 

NOTE  : — The  following  section  repeals  Section  7  of  Act  No.  93  of  the  public 
acts  of  1895. 


MISCELLANEOUS  OFFENSES. 

An  Act  to  prevent  CRIME  and  PUNISH  TRUANCY. 
[Act  162,  1883.] 

(221.)  §  11765.  SECTION  1.  That  every  boy  between  the  what  children 
age  of  ten  and  sixteen  years,  or  any  girl  between  the  age  of  ant^dhior- 
ten  and  seventeen  years,  who  shall  frequent  or  be  found  deriy  persons, 
lounging  about  saloons,  disreputable  places,  houses  of  ill 
fame,  or  who  shall  be  an  inmate  or  resident  or  a  member  of  a 
family  who  reside  in  any  house  of  ill  fame,  or  conduct  any 
other  disreputable  place,  or  who  shall  frequent  other  rooms  or 
places  wrhere  dissolute  and  disreputable  people  congregate,  or 
where  intoxicating  liquors  are  kept  for  sale,  or  who  shall, 
against  the  command  of  his  or  her  parents  or  guardian,  run 
away  or  wilfully  absent  himself  or  herself  from  the  school  he 
or  she  is  attending,  or  from  any  house,  office,  shop,  firm  or 
other  place  where  he  or  she  is  residing  or  legitimately  em- 
ployed with  labor,  or  who  shall  against  such  command  of  his 
or  her  parents  or  guardian  for  any  immoral,  disorderly  or  dis- 
honest purposes  be  found  lounging  upon  the  public  streets, 
highways  or  other  public  resorts  or  at  places  of  amusement 
of  dissolute  or  improper  character,  or  who  shall  against  any 
such  command  for  any  such  disorderly  or  dishonest  purpose 
attend  any  public  dance,  skating  rink,  or  show,  shall  be 
deemed  guilty  as  a  truant  or  disorderly  child. 

Am.   1895,   Act  183;   1897,   Act  265. 

(222.)  §  11766.  SEC.  2.  Upon  the  complaint  upon  oath 
and  in  writing  made  before  any  justice  of  the  peace,  police  jus- 
tice  or  other  criminal  magistrate  by  the  parent  or  guardian, 
or  other  person  knowing  of  the  facts  of  his  own  knowledge, 
that  any  girl  between  the  age  of  ten  and  seventeen  years,  or 
that  any  boy  between  the  age  of  ten  and  sixteen  years,  or  by 
11 


82 


GENERAL   SCHOOL  LAWS. 


the  supervisor  of  any  township,  or  mayor  of  any  city,  or  presi- 
dent of  any  village,  and  in  any  city  of  over  eight  thousand 
population  by  the  chief  of  police,  mayor,  or  other  person  know- 
ing of  the  facts  of  his  own  knowledge,  that  such  minor  has 
been  guilty  of  any  of  the  acts  specified  in  section  one  of  this 
act,  such  justice  of  the  peace,  police  justice  or  other  criminal 
magistrate,  shall  issue  a  warrant  for  the  arrest  of  such  minor, 
and  upon  conviction  such  minor,  if  a  boy,  may  be  sentenced 
by  such  justice  of  the  peace,  police  justice  or  criminal  magis- 
trate, to  the  industrial  school  for  boys  at  Lansing,  and  if  a 
girl,  to  the  industrial  home  for  girls  at  Adrian,  boys  until 
eighteen  years  of  age,  and  girls  until  twenty-one  years  of  age, 
unless  sooner  discharged  according  to  law:  Provided,  That 
no  person  or  persons  shall  be  sent  to  said  industrial  school  for 
boys  or  to  the  industrial  home  for  girls  until  the  sentence 
therein  has  been  submitted  to  and  approved  by  one  of  the 
judges  of  the  recorder's  court  of  the  city  of  Detroit,  or  judge 
of  the  superior  court  of  the  city  of  Grand  Rapids,  or  any  cir- 
cuit judge  or  probate  judge  of  the  county  in  which  such 
conviction  shall  be  had. 


Term  of  sen- 
tence. 


Pro  visa  as  to 
approval  of 
sentence. 


Am.    1899,   Act   75. 


Proceedings 
upon  trial. 


Duty  of  state 
agent. 


(223.)  §  11767.  SEC.  3.  The  same  proceedings  shall  be 
had  upon  the  trial  of  any  person  charged  with  being  guilty  of 
any  of  the  offenses  mentioned  in  section  one  of  this  act  before 
the  justice  before  whom  such  person  is  brought  as  are  had  in 
trials  for  misdemeanor,  as  far  as  the  same  are  applicable,  and 
the  state  agent  for  the  care  of  juvenile  offenders  of  the  county 
wherein  such  offenders  may  be  on  trial  shall  have  authority 
and  take  the  same  action  in  the  premises  as  is  provided  by  act 
number  one  hundred  and  seventy-one  of  the  session  laws  of 
eighteen  hundred  and  seventy-three  of  this  state. 


POWERS,   DUTIES,   AND   OFFICERS   OF  TOWNSHIPS. 

(From   this   chapter   we   quote   only   such   sections   as   relate   to   the   election, 
powers,   and   duties  of   SCHOOL   INSPECTORS.) 


Annual 
meeting. 


Officers  to  be 
elected. 


(224.)  §  2275.  SEC.  8.  The  annual  meeting  of  each  town- 
ship shall  be  held  on  the  first  Monday  in  April  in  each  year, 
and  at  such  meeting  there  shall  be  an  election  for  the  follow- 
ing officers:  One  supervisor,  one  township  clerk,  one  treas- 
urer, one  school  inspector,  one  commissioner  of  highways,  so 
many  justices  of  the  peace  as  there  are  by  law  to  be  elected  in 
the  township,  and  so  many  constables  as  shall  be  ordered  by 
the  meeting,  not  exceeding  four  in  number. 

Am.  1875,  Act  42  :  1881,  Act  158. 

ANNUAL  MEETINGS :  Annual  meetings  and  general  elections  distin- 
guished.— People  v.  Knight,  13  /  242.  Annual  meeting  held  outside  of  town- 
ship.— Id. 

OFFICERS :  The  regulation  of  township  affairs,  legally  concerning  none 
but  the  people  of  the  town,  cannot  be  lawfully  vested  in  any  officers  im- 
posed upon  the  town  from  without. — Hubbard  v.  Springwells,  25  /  153,  156.  See 


GENERAL  SCHOOL  LAWS.  83 

People  v.  Hurlbut,  24/44;  Att'y  Gen.  v.  Lothrop,  24  /  235  ;  Park  Commrs.  v. 
Common  Council,  28  /  228  ;  Att'y  Gen.  v.  Common  Council.  29  /  110  ;  Youngblood 
v.  Sexton,  32  /  416,  417  ;  Allor  v.  Wayne  Auditors,  43  /  98. 

(225.)     §  2276.     SEC.  9.     Each  of  the  officers  named  in  the  officers  to  be 
last  preceding  section,  shall  be  chosen  by  ballot,  and  before 
proceeding  to  choose  the  officers  hereinafter  directed  to  be 
chosen  at  such  meeting. 

As  to  the  last  clause,  see  Section  2309.  i 

(226.)     §  2283.     SEC.  13.     Each  school  inspector  elected  as  Term  of  office 
aforesaid  shall  hold  his  office  for  two  years  from  that  time  and  fetors! " 
until  his  successor  shall  be  elected  and  duly  qualified,  except  vacancy, 
when  elected  or  appointed  to  fill  a  vacancy,  in  which  case  he 
shall  hold  the  office  during  the  unexpired  portion  of  the  regu- 
lar term :    Provided,  That  in  the  year  eighteen  hundred  eighty- 
two  one  additional  school  inspector  in  each  township  shall  be 
elected  for  the  term  of  one  year:    Provided  further,  That  the 
township  superintendent  of  schools  and  school  inspectors,  now 
in  office  shall  continue  to  act  as  school  inspectors,  and  said 
superintendent  of  schools  shall  continue  to  act  as  chairman  of 
the  board  of  school  inspectors  until  the  school  inspectors  pro- 
vided for  by  this  act  shall  have  been  elected  and  duly  qualified 
and  shall  enter  upon  the  duties  of  their  respective  offices. 

(227.)     §  2285.     SEC.  15.     Each  township  officer  elected  at  Officers 
a  special  meeting  to  fill  a  vacancy,  shall  hold  his  office  during 
the  then  unexpired  portion  of  the  regular  term  of  the  office, 
and  no  longer,  unless  again  elected. 

(228.)     §  2374.     SEC.  95.     The  following  township  officers  officers  com- 
shall  be  entitled  to  compensation  at  the  following  rates,  for  p( 
each  day  actually  and  necessarily  devoted  by  them  to  the  ser- 
vice of  the  township,  in  the  duties  of  their  respective  offices, 
to  be  verified  by  affidavit,  whenever  required  by  the  township 
boards : 

First,  The  officers  composing  the  township  board,  board  of 
registration,  board  of  health,  inspectors  of  election,  clerks  of 
the  poll,  commissioners  of  the  highways  and  school  inspectors, 
one  dollar  and  fifty  cents  per  day,  and  at  the  same  rate  for 
parts  of  days; 

Second,  The  township  clerk,  as  clerk  of  the  board  of  com- 
missioners of  highways,  of  the  township  board,  and  of  the 
board  of  school  inspectors,  one  dollar  and  fifty  cents  per  day, 
and  at  the  same  rate  for  parts  of  a  day;  but  no  township 
officer  shall  be  entitled  to  pay  for  acting  in  more  than  one 
capacity  at  the  same  time. 

Am.    1867,    Act    179. 

ECORSE  TOWNSHIP :  Act  343  of  1897  provides  salaries  for  certain  officers 
in  Ecorse  township,  Wayne  county,  as  follows :  Supervisor,  $600 ;  township 
clerk.  $300  ;  highway  commissioner,  $300  ;  each  justice  acting  on  the  township 
board,  $50. 


84 


GENERAL  SCHOOL  LAWS. 


Fifteen  or 
more  teachers 
may  form 
corporation. 


Notice  to  be 
published. 


May  hold 
property. 

Restrictions 
upon  its  use. 


Privileges  and 
liabilities  of 
-corporations. 


TEACHERS'    ASSOCIATIONS. 

An    Act    to    incorporate    TEACHERS'    ASSOCIATIONS. 
[Act  117,  1855.] 

(229.)  §  7730.  SECTION  1.  The  People  of  the  State  of  Michi- 
gan enact,  Any  fifteen  or  more  teachers,  or  other  persons  re- 
siding in  this  state,  who  shall  associate  for  the  purpose  of 
promoting  education  and  science,  and  improvements  in  the 
theory  and  practice  of  teaching,  may  form  themselves  into  a 
corporation,  under  such  name  as  they  may  choose,  providing 
they  shall  have  published  in  some  newspaper  printed  at 
Lansing  or  in  the  county  in  which  such  association  is  to  be 
located,  for  at  least  one  month  previous,  a  notice  of  the  time, 
place,  and  purpose  of  the  meeting  for  such  association,  and 
shall  file  in  the  office  of  the  secretary  of  state  a  copy  of  the  con- 
stitution and  by-laws  of  said  association. 

(230.)  §  773i.  SEC.  2.  Such  association  may  hold  and 
possess  real  and  personal  property  to  the  amount  of  five 
thousand  dollars;  but  the  funds  or  property  thereof  shall  not 
be  used  for  any  other  purpose  than  the  legitimate  business  of 
the  association  in  securing  the  objects  of  its  corporation. 

(231.)  §  7732.  SEC.  3.  Upon  becoming  a  corporation  as 
hereinbefore  provided,  they  shall  have  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties  of  a  corporation, 
according  to  the  provisions  of  chapter  fifty-five  of  the  revised 
statutes  of  this  state  [Chap.  130,  compiled  laws  of  1871],  so 
far  as  such  provisions  shall  be  applicable  in  such  case  and  not 
inconsistent  with  the  provisions  of  this  act. 

Chap.  55  referred  to  is  Sections  8527-51,  C.  L.  1897. 


STATE  ACCOUNTS. 


"  Public  mon- 
eys "^defined. 


An  Act  to  provide  for  the  safe  keeping  of  PUBLIC  MONEYS. 
[Act  131,  1875.] 

(232.)  §  1197.  SECTION  1.  The  People  of  the  State  of  Michi- 
gan enact,  That  all  moneys  which  shall  come  into  the  hands  of 
any  officer  of  the  state,  or  of  any  officer  of  any  county  or  of  any 
township,  school  district,  highway  district,  city,  or  village,  or 
of  any  other  municipal  or  public  corporation  within  this  state, 
pursuant  to  any  provision  of  law  authorizing  such  officer  to 
receive  the  same,  shall  be  denominated  public  moneys  within 
the  meaning  of  this  act. 

See  Fire  and  Water  Commrs.  v.  Wilkinson,  119  /  659. 

As  to  county  treasurers,  see  Perley  v.  Muskegon  Co.,  32  /  132.  See  also 
Section  2539  and  notes. 


GENERAL   SCHOOL  LAWS.  85 


(233.)     §  1198.     SEC.  2.     It  shall  be  the  duty  of  every  officer  public  moneys 
charged  with  receiving,  keeping  or  disbursing  of  public  moneys  Sp^Srom 
to  keep  the  same  separate  and  apart  from  his  own  money,  and  another  funds, 
he  shall  not  commingle  the  same  with  his  own  money,  nor 
with  the  money  of  any  other  person,  firm,  or  corporation. 

(234.)  §  1199.  SEC.  3.  No  such  officer  shall,  under  any  HOW  used, 
pretext,  use  nor  allow  to  be  used,  any  such  moneys  for  any 
purpose  other  than  in  accordance  with  the  provisions  of  law; 
nor  shall  he  use  the  same  for  his  own  private  use,  nor  loan  the 
same  to  any  person,  firm,  or  corporation,  without  legal  au- 
thority so  to  do. 

(235.)     §  1200.     SEC.  4.     In  all  cases  where  public  moneys  interest  on 
are  authorized  to  be  deposited  in  any  bank,  or  to  be  loaned  to  ?o  ccSsutu"?! 
any  individual,  firm,  or  corporation,  for  interest,  the  interest  general  fund, 
accruing  upon  such  public  moneys  shall  belong  to  and  consti- 
tute a  general  fund  of  the  state,  county,  or  other  public  or 
municipal  corporation,  as  the  case  may  be. 

(236.)     §  1201.     SEC.  5.  In  no  case  shall  any  such  officer,  di-  officers  not  to 
rectly  or  indirectly,  receive  any  pecuniary  or  valuable  consid- 
eration  as  an  inducement  for  the  deposit  of  any  public  moneys 
with  any  particular  bank,  person,  firm,  or  corporation. 

(237.)  §  1202.  SEC.  6.  The  provisions  of  this  act  shall  ap-  provisions  of 
ply  to  all  deputies  of  such  officer  or  officers,  and  to  all  clerks,  p^y\oCdepua-p~ 
agents,  and  servants  of  such  officer  or  officers.  ties,  etc. 

(238.)     §  1203.     SEC.  7.     Any  person  guilty  of  a  violation  penalty  for 
of  any  of  the  provisions  of  this  act  shall,  on  conviction  thereof,  vision^ff 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  act- 
imprisonment  in  the  county  jail  not  exceeding  six  months,  or 
both   such   fine  and  imprisonment  in  the  discretion   of  the 
court:    Provided,  That  nothing  in  this  act  contained  shall  pre-  Proviso, 
vent  a  prosecution  under  the  general  statute  for  embezzlement 
in  cases  where  the  facts  warrant  a  prosecution  under  such 
general  statute. 

(239.)     §  1204.     SEC.  8.     Any  officer  who  shall  wilfully  or  penalty  for 
corruptly  draw  or  issue  any  warrant,  order,  or  certificate  for  J^lft  o?ay 
the  payment  of  money  in  excess  of  the  amount  authorized  by  money, 
law,  or  for  a  purpose  not  authorized  by  law,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  may  be  punished  as  provided  in 
the  preceding  section. 

REGULATIONS  RELATIVE  TO  DOGS  AND  SHEEP. 

(From    this    chapter    we    quote    only    the    section    relating    to    the    apportion- 
ment of  the  surplus  DOG  TAX  to  school  districts.) 

[Act  48,  1901.] 

(240.)     SEC.   6.     At  the  annual  meeting  of  the  township  Payment  of 
board  in  each  year,  and  at  a  meeting  of  the  common  coun- c 
cil  of  each  city  in  April  of  each  year,  the  said  board  or  council, 
as  the  case  may  be,  shall  examine  all  certificates  of  damage 
filed    by    the    clerk,    as    aforesaid,    during    the    preceding 


86 


GENERAL   SCHOOL   LAWS. 


year,  and  if  satisfied  that  in  any  case  or  cases  the  certified 
damages  are  excessive,  they  may  reduce  the  same  to  such 
amount  as  they  may  consider  just,  and  may  order  the  payment 
of  all  such  loss  as  they  may  deem  just,  out  of  the  fund 
aforesaid,  if  it  be  sufficient  for  that  purpose,  and  if  not  suffi- 
cient they  may  order  a  proportionate  payment  of  each  claim. 
If  money  remains  of  such  fund,  after  satisfactory  payment  of 
all  claims  aforesaid  in  any  one  year,  over  and  above  the  sum 
of  one  hundred  dollars,  it  shall  be  apportioned  among  the 
several  school  districts  of  such  township  or  city  in  proportion 
to  the  number  of  children  therein  of  school  age:  Provided, 
That  no  payment  of  loss  shall  be  made  as  provided  for  in  this 
section  unless  the  party  applying  for  the  same  shall  make  it 
appear  to  the  satisfaction  of  the  township  board  or  common 
council  that  he  has  made  all  due  efforts  and  has  not  been  able 
to  obtain  satisfaction  therefor,  from  the  owner  or  owners  of 
the  dog  or  dogs  which  shall  have  done  the  damage. 


Apportion- 
ment of  sur- 
plus. 


Proviso. 


EXPLANATORY  NOTE  BY  SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION :  The  apportionment  must  be  based  upon  the  whole  number  of  chil- 
dren of  school  age  residing  in  the  township,  and  include  all  districts  whether 
lying  wholly  or  partly  in  such  township.  In  case  of  a  fractional  district 
in  which  the  school-house  is  situated  in  a  different  township,  the  money  be- 
longing to  such  district  must  be  paid  over  to  the  treasurer  of  the  township  in 
which  the  school-house  is  situated,  and  by  that  treasurer  paid  to  the  district 
in  the  same  way  as  in  the  case  of  the  one-mill  and  other  taxes. 


STATE  NORMAL  SCHOOLS. 


An  Act  to  revise  and  consolidate  the  laws  relative  to  the  STATE  BOARD  OF 

EDUCATION. 


To  be  a  body 
corporate. 


To  hold  prop- 
erty of  normal 
school,  etc. 


Proviso. 


Further 
proviso. 


[Act  194,  1889.] 

(241.)  §  1812.  SECTION  1.  The  People  of  the  State  of  Michi- 
gan enact,  That  for  the  purpose  of  rendering  more  efficient 
their  organization,  and  to  enable  them  more  fully  to  carry  into 
effect  the  provisions  of  the  constitution  relative  thereto,  the 
state  board  of  education  shall  be  and  they  are  constituted  a 
body  politic  and  corporate,  and  are  hereby  empowered  to  pur- 
chase, have,  hold,  possess  and  enjoy  to  themselves  and  their 
successors,  all  the  lands,  tenements,  hereditaments,  goods, 
chattels  and  effects  of  every  kind  now  belonging  to  the  state 
normal  school  or  that  may  hereafter  be  acquired  by  the  same; 
and  the  same  to  grant,  alien,  invest,  sell  and  dispose  of;  to 
sue  and  [to]  be  sued,  plead  and  be  impleaded,  in  all  the  courts 
in  this  state;  to  have  and  use  a  seal,  and  the  same  to  change, 
alter  and  renew  at  pleasure,  and  to  make  such  by-laws  and 
regulations  as  they  may  deem  proper  for  the  government  and 
conduct  of  said  [board]  and  for  the  transaction  of  its  busi- 
ness: Provided,  The  same  be  not  repugnant  to  the  constitu- 
tion or  laws  of  this  state  or  of  the  United  States:  Provided 
further,  That  said  corporation  shall  be  subject  to  the  pro- 


GENERAL  SCHOOL  LAWS.  87 

visions  of  chapter  fifty-five  of  the  revised  statutes  of  eighteen 
hundred  and  forty-six,  so  far  the  same  can  apply,  and  are  not 
inconsistent  with  the  provisions  of  this  act. 

Chapter  55  of  the  revised  statutes  of  1846  contains  the  "general  provisions 
relating  to  corporations"  and  will  be  found  in  Chapter  230,  Sections  8527-51, 
compiled  laws  1897.  See  acts  138  and  178  of  1849,  establishing  a  state  normal 
school. 

(242.)     §  1813.     SEC.  2.     Said  board   shall   have  power  to  Power  of 
transact  all  necessary  business  at  any  meeting,  a  quorum  be-  board- 
ing  present.    Said  board  shall  make  and  provide  such  by-laws 
and  regulations  for  the  conduct  of  its  business  as  it  shall  deem 
proper.    A  quorum  of  said  board  shall  consist  of  a  majority  Quorum, 
of  its  members.    All  processes  against  said  board  of  education  Processes. 
shall  be  served  on  the  president  or  secretary  thereof. 

(243.)     §  1814.     SEC.  3.     The  state  board  of  education  shall  £4^  normal 
continue  the  normal  school  at  Ypsilanti  in  the  county  of  Wash- 
tenaw,  where  it  is  now  located.    The  purpose  of  the  normal 
school  shall  be  the  instruction  of  persons  in  the  art  of  teach- 
ing, and  in  all  the  various  branches  pertaining  to  the  public 
schools  of  the  state  of  Michigan :     Provided,  There  shall  be  Proviso, 
prescribed  for  said  school  a  course  of  study  intended  specially 
to  prepare  students  for  the  rural  and  the  elementary  [graded] 
schools  of  the  state,  which  shall  provide  not  less  than  twenty 
weeks  of  special  professional  instruction. 

(244.)     §  1815.     SEC.  4.     No  member  of  said  board  of  edu-  Members  not^ 
cation  shall,  during  his  continuance  in  office,  act  as  the  agent  !£r&puMisners! 
of   any   publisher   or   publishers   of   school   books   or   school  etc> 
library  books,  or  be  or  become  interested  in  the  publication  or 
sale  of  any  such  book  or  books  as  agent  or  otherwise. 

(245.)  §  181().  SEC.  5.  Said  board  shall  provide  all  neces-  course  of 
sary  courses  of  study  to  be  pursued  in  the  normal  school  and 
establish  and  maintain  in  connection  therewith  a  fully 
equipped  training  school  as  a  school  of  observation  and  prac- 
tice, and  shall  grant  upon  the  completion  of  either  of  said 
courses,  such  diploma  as  it  may  deem  best,  and  such  diploma 
when  granted  shall  carry  with  it  such  honors  as  the  extent 
of  the  course  for  which  the  diploma  is  given  may  warrant  and 
said  board  of  education  may  direct. 

(246.)  §  1817.  SEC.  6.  Upon  the  completion  of  the  course 
specially  prescribed  as  hereinbefore  provided  for  the  rural 
and  elementary  graded  schools,  said  board  of  education  shall  of> etc- 
upon  the  recommendation  of  the  principal  and  a  majority  of 
the  heads  of  the  departments  of  said  school,  grant  a  certificate 
which  shall  be  signed  by  said  board  and  the  principal  of  the 
normal  school,  which  certificate  shall  contain  a  list  of  the 
studies  included  in  said  course,  and  which  shall  entitle  the 
holder  to  teach  in  any  of  the  schools  of  the  state  for  which  said 
course  has  been  provided  for  a  period  of  five  years:  Provided,  Proviso. 
That  said  certificate  may  be  suspended  or  revoked  by  said 
state  board  of  education  upon  cause  shown  by  any  county 
board  of  examination,  or  bv  any  board  of  school  officers. 


88 


GENERAL    SCHOOL   LAWS. 


Life  certifi- 
cates, when 
granted,  etc. 


Maybe 
revoked. 


Admission  of 
pupils. 

Proviso. 


To  appoint 
visitors,  report 
of,  etc. 


Proviso." 


Report  of 
board,  con- 
tents of,  etc. 


Treasurer. 


Lands  appro- 
priated, dispo- 
sition of,  etc. 


(247.)  §  1818.  SEC.  7.  Upon  the  completion  of  either  of 
the  advanced  courses  of  study  prescribed  by  said  state  board, 
which  shall  require  not  less  than  four  years  for  their  comple- 
tion, said  board  of  education,  upon  the  recommendation  of  the 
principal  and  a  majority  of  the  heads  of  departments  of  said 
school,  shall  issue  a  certificate  to  the  person  completing  said 
course,  which  certificate  shall  be  referred  to  in  the  diploma 
hereinbefore  provided  to  be  granted.  Said  certificate  shall  set 
forth  a  list  of  the  studies  of  the  course  completed  and,  when 
given,  shall  operate  as  a  life  certificate,  unless  revoked  by  said 
state  board  of  education. 

(248.)  §  1819.  SEC.  8.  The  board  of  education  shall  make 
such  regulations  for  the  admission  of  pupils  to  said  school  as 
it  shall  deem  necessary  and  proper:  Provided,  That  the  appli- 
cant shall,  before  admission,  sign  a  declaration  of  intention  to 
teach  in  the  schools  in  this  state. 

(249.)  §  1820.  SEC.  9.  Said  board  of  education  shall  ap- 
point each  year  three  visitors  whose  duty  it  shall  be  to  ex- 
amine thoroughly  into  the  affairs  of  the  normal  school  and  re- 
port their  views  with  regard  to  its  condition  and  any  other 
matters  they  may  judge  expedient,  to  the  said  board  of  educa- 
tion, which  report  shall  be  incorporated  in  the  report  of  the 
superintendent  of  public  instruction  and  in  the  report  of  said 
board  of  education  to  be  made  to  the  legislature  as  hereinafter 
provided.  Said  visitors  shall  receive  two  dollars  per  day  for 
time  actually  spent  in  visitation  and  also  their  actual  travel- 
ing expenses,  to  be  paid  out  of  the  funds  of  said  board :  Pro- 
vided, That  not  more  than  two  visits  shall  be  made  by  any 
board  of  visitors. 

(250.)  §  1821.  SEC.  10.  Said  board  of  education  shall 
make  to  the  legislature,  at  every  regular  session  thereof,  a  re- 
port setting  forth : 

First,  The  work  done  by  the  school  since  the  last  report; 

Second,  The  [need]  needs  and  requirements  of  the  school; 

Third,  A  report  of  the  principal  of  the  school,  concerning 
such  matters  pertaining  to  the  school  as  have  been  under  his 
immediate  direction  and  control  and  such  recommendations  as 
he  may  deem  desirable  to  make  to  the  board;  and 

Fourth,  A  financial  statement,  showing  in  detail  the  moneys 
received  and  expended,  with  an  itemized  statement  of  receipts 
and  expenditures,  as  near  as  may  be. 

(251.)  §  1822.  SEC.  11.  The'board  shall  elect  a  treasurer, 
who  shall  furnish  bonds,  with  two  sureties,  in  the  penal  sum  of 
not  less  than  twenty  thousand  dollars,  conditioned  for  the 
faithful  discharge  of  his  duties.  Such  treasurer  shall  receive 
such  compensation  as  to  the  board  may  seem  just. 

(252.)  §  1823.  SEC.  12.  The  ten  sections  of  salt  spring 
lands  located  by  the  board  of  education  under  the  provisions 
of  sections  fifteen  and  sixteen  of  "an  act  to  establish  a  state 
normal  school,"  approved  March  twenty-eight,  eighteen  hun- 
dred and  forty-nine,  together  with  the  fifteen  sections  of  said 


GENERAL   SCHOOL   LAWS.  89 


salt  spring  lands  located  under  the  provisions  of  section  six- 
teen of  said  act,  and  all  such  lands  as  may  be  granted  by  con- 
gress or  received  or  set  apart  in  any  manner  in  lieu  of  any  por- 
tion of  said  land,  to  which  the  title  may  prove  insufficient,  and 
all  donations,  in  land  or  otherwise,  to  the  state  in  trust  or  to 
the  board  of  education  for  the  support  of  a  normal  school, 
shall  constitute  a  fund  to  be  called  the  normal  school  endow- 
ment fund,  and  shall  be  reserved  from  sale  until  the  same 
shall  be  appraised.  The  minimum  price  of  said  lands  shall  be  Minimum 
four  dollars  per  acre,  and  it  shall  be  the  duty  of  the  officer  B 
authorized  to  sell  said  lands,  to  cause  the  same  to  be  appraised 
as  soon  as  practicable,  in  the  manner  provided  for  the  ap- 
praisal of  other  lands;  none  of  said  lands  shall  be  sold  for  less 
than  the  minimum  price  fixed  by  law.  It  shall  not  be  neces- 
sary to  appraise  any  of  said  lands  which  have  heretofore  been 
appraised  under  existing  provisions  o*f  law;  and  the  proceeds  of 
sales  of  any  of  said  lands  heretofore  appraised  and  sold  shall 
constitute  a  part  of  the  fund  herein  provided.  After  such  ap- 
praisal, such  land  shall  be  and  remain  subject  to  sale  at  the 
state  land  office  as  is  now,  or  shall  be  hereafter,  provided  by 
law,  and  the  principal  shall  be  and  remain  a  perpetual  fund 
for  the  use  of  said  institution,  except  as  herein  provided.  The 
installments  of  principal  paid  by  the  purchasers  shall  be  paid 
into  the  state  treasury,  and  the  interest  thereon  from  the  time 
of  its  receipt,  or  from  the  time  of  the  preceding  computation 
of  interest  as  the  same  may  be,  shall  be  computed  by  the 
auditor  general  and  the  state  treasurer  at  the  close  of  each 
fiscal  year,  at  the  rate  of  six  per  cent  per  annum,  and  together 
with  all  interest  paid  by  purchasers  of  said  lands,  shall  be 
passed  to  the  credit  of  the  normal  school  interest  fund. 

(253.)  §  1824.  SEC.  13.  The  normal  school  interest  fund,  £oard  toh ave 
and  any  moneys  which  may  be  from  time  to  time  appropriated  funds,  etc. 
for  the  purposes  of  the  said  normal  school,  shall  be  under  the 
direction  and  control  of  said  state  board  of  education,  subject 
to  the  provisions  herein  contained,  and  shall  be  paid  to  the 
treasurer  of  said  board  from  time  to  time  by  the  state  treas- 
urer on  the  wrarrant  of  the  auditor  general  drawn  upon  the 
certificate  of  the  president  and  secretary  of  said  board  of 
education  that  said  money  is  needed.  No  such  warrant  shall 
be  given  except  on  accounts  audited  and  allowed  by  said  board, 
covering  as  [nearly]  near  as  may  be  the  amounts  previously 
furnished:  Provided,  That  said  board,  for  the  months  of  Jan-  Proviso, 
uary,  February  and  March,  in  the  years  in  which  the  regular 
sessions  of  the  legislature  are  held,  shall  draw  money  for  cur- 
rent expenses  as  provided  in  section  four  hundred  and  nine- 
teen of  Howell's  annotated  statutes. 

(254.)  §  1825.  SEC.  14.  The  members  of  the  state  board 
of  education  shall  receive  three  dollars  per  day  for  their  actual 
services,  and  also  their  necessary  traveling  and  other  expenses, 
to  be  paid  by  the  state  treasurer  out  of  the  general  funds  in 

12 


GENERAL    SCHOOL   LAWS. 


Meetings  of 
state  board  of 
education  to 
examine  teach 
ers  and  grant 
certificates. 


the  manner  already  provided  by  law  for  the  payment  of  the 
accounts  of  boards  of  state  institutions. 

(255.)  §  1826.  SEC.  15.  Said  board  shall  hold  at  least  two 
meetings  each  year,  at  which  they  shall  examine  teachers,  and 
shall  grant  certificates  to  such  as  have  taught  in  the  schools 
of  the  state  at  least  two  years  and  who  shall,  upon  a  thorough 
and  critical  examination  in  every  study  required  for  such  cer- 
tificate, be  found  to  possess  eminent  scholarship,  ability,  and 
good  moral  character.  Such  certificate  shall  be  signed  by  the 
members  of  said  board,  and  be  impressed  with  its  seal  and 
shall  entitle  the  holder  to  teach  in  any  of  the  public  schools  of 
this  state  without  further  examination,  and  shall  be  valid  for 
life  unless  revoked  by  said  board.  No  certificate  shall  be 
granted  except  upon  the  examination  herein  prescribed :  Pro- 
vided, That  the  said  state  board  of  education  may,  in  its  dis- 
cretion endorse  state  teachers'  certificates  or  normal  school 
diplomas  granted  in  other  states,  if  it  be  shown  to  the  satisfac- 
tion of  such  board  that  the  examinations  required  or  courses 
of  study  pursued  are  fully  equal  to  the  requirements  of  this 
state. 


Proviso. 


theretl? 


Am.   1895,   Act  73. 

certain  text-  (256.)  §  1827.  SEC.  16.  The  said  board  shall  examine  all 
dutyofeboarci  text-books  in  physiology  and  hygiene  offered  for  use  in  the 
public  schools  of  this  state,  and  approve  those  only  which 
comply  with  the  law  relative  to  the  space  required  to  be  de- 
voted to  the  consideration  of  the  nature  and  effects  of  al- 
coholic drinks  and  narcotics,  as  provided  in  act  one  hundred 
and  sixty-four  of  the  public  acts  of  eighteen  hundred  and 
eighty-seven.  It  shall  also  be  the  duty  of  said  board  to  dis- 
tribute to  the  various  educational  institutions  of  the  state 
such  specimens  of  copper,  iron  and  other  ores  and  rocks  pre- 
scribed for  such  distribution  under  the  provisions  of  section 
three  of  act  nine  of  the  public  acts  of  eighteen  hundred  and 
seventy-seven,  being  compiler's  section  eight  hundred  and 
forty-one  of  HowelPs  annotated  statutes. 

The  act  of  1887  referred  to  is  act  165  instead  of  164.  It  amends  Sec.  15, 
Ch.  3,  of  the  general  laws  of  1881  relative  to  public  instruction  and  will  be 
found  in  Section  4680.  See  Comp.  Section  58. 

Disposition  of  (257.)  §  1828.  SEC.  17.  All  insurance  moneys  or  means 
insurance  collected,  received  or  made  available  at  any  time,  from  policies 
of  insurance,  or  by  reason  of  insurance  policies  upon  the  said 
normal  school  buildings  and  property  shall  be  and  the  same 
are  hereby  designated  and  set  apart  as  a  fund  or  means  for  re- 
building and  refurnishing  the  said  buildings. 

(258.)  §  1828a.  SEC.  18.  Any  person  holding  a  certificate 
issued  or  approved  by  the  authority  of  the  state  board  of  edu- 
cation, desiring  to  teach  in  any  school  under  the  jurisdiction 
of  a  county  commissioner  of  schools  shall  file  the  said  certifi- 


moneys,  etc. 


Certificate 
filed  with 
county  com 
missioner. 


GENERAL  SCHOOL  LAWS.  91 

cate,  or  a  copy  of  the  same,  in  the  office  of  the  commissioner 
of  schools  in  the  county  in  which  he  or  she  desires  to  teach. 

Added  1901,  Act  155. 

An  Act  to  establish  a  NORMAL  SCHOOL  IN  CENTRAL  MICHIGAN. 
[Act  261,  1895.] 

(259.)  §  1829.  SECTION  1.  The  People  of  the  State  of  Michi-  central 
yan  enact,  That  a  normal  school  for  the  preparation  and  train-  sl 
ing  of  persons  for  teaching  in  the  rural  district  schools,  and  lisned- 
the  primary  departments  of  the  graded  schools  of  the  state, 
to  be  known  as  "central  Michigan  normal  school,"  be  estab- 
lished and  continued  at  the  city  of  Mount  Pleasant,  in  Isabella 
Bounty,  to  be  located  upon  block  ten  of  the  normal  school  ad- 
dition to  said  city,  known  as  "normal  campus,"  and  being  a 
block  of  land  in  area  between  eight  and  ten  acres. 

(260.)     §•  1830.     SEC.  2.     The   state  board  of  education   is  state  board  of 
hereby  authorized  and  directed  to  procure  a  good  and  suf-  p??cure°deed 


licient  deed  of  conveyance,  to  be  accompanied  with  abstract 
of  title  and  tax  history,  to  be  approved  by  the  attorney  gen- 
eral, conveying  to  the  said  board  of  education  and  its  suc- 
cessors a  good  and  unincumbered  title  in  fee  simple  to  said 
lands  and  buildings  thereon,  for  such  school,  and  a  proper 
article  of  sale  of  all  the  library,  school  furniture  and  ap- 
paratus therein,  said  lands  and  buildings  and  personal  pro- 
perty to  be  donated  to  the  state  of  Michigan,  in  consideration 
of  the  establishment  of  said  school,  and  to  be  conveyed  within 
thirty  days  after  the  passage  of  this  act. 

(26*1.)    "§  1831.     SEC.  3.  Said  school  shall  be  under  and  sub-  school  to  be 
ject  to  the  control  of  the  state  board  of  education,  according  of  sStebol^ 
to  the  provisions  of  act  No.  194  of  the  public  acts  of  1889,  of  of  education. 
Michigan,  entitled  "an  act  to  revise  and  consolidate  the  laws 
relative  to  the  state  board  of  education,  and  amendments 
thereto,"  which  is  made  applicable  to  this  school,  except  as 
herein  otherwise  provided. 

The  act  referred  to  immediately  precedes  this.     See  Comp.  Sections  241-58. 


\n   Act   to   fix   the   RELATIONS   OF   THE    EXISTING   NORMAL   SCHOOLS   of 

the  State. 

[Act  175,  1897.] 

(262.)     §  1832.     SECTION  1.     The  People  of  the  State  of  Michi- 
gan  enact,  That  the  state  board  of  education  shall  maintain  ity  in  studies 
substantial  uniformity  and  reciprocity  in  the  courses  of  study  ™' 

of  the  central  Michigan  normal  school  and  with  any  related 
courses  which  may  be  offered  at  the  state  normal  school  at 
Ypsilanti;  so  that  transfer  of  students  from  one  school  to 
another  shall  not  lead  to  the  loss  of  standing  for  similar 
courses;  and  shall,  upon  the  completion  of  the  course  by  any 


92 


GENERAL   SCHOOL  LAWS. 


What  certifi- 
cate to  be 
granted 
teachers. 


Certificate  to 
entitle  holder 
to  what. 


Certificates 
for  two  years 
to  issue,  when, 


Renewal. 


Certificates 
for  three  years 
to  issue,  when. 


Renewal. 


State  board  of 
education  to 
continue  the 
grant  of  cer- 
tain certifi- 
cates. 


State  normal 
school  desig- 
nated as  state 
normal  college 
when. 


student  in  the  central  Michigan  normal  school,  and  upon  re- 
commendation of  the  principal  and  a  majority  of  the  faculty 
thereof,  grant  the  following  certificate  only,  which  shall  be 
signed  by  said  board  and  faculty,  or  such  members  thereof  as 
the  board  may  direct;  which  certificates  shall  contain  a  list  of 
studies  included  in  said  courses,  and  wrhich  shall  entitle  the 
holder  to  teach  in  any  of  the  schools  of  the  state  for  which  said 
courses  have  been  provided,  as  follows: 

First,  Upon  the  completion  of  a  course  of  study  contain- 
ing the  branches  of  instruction  required  by  law  for  a  third 
grade  county  certificate,  and  such  work  in  science  and  art  of 
teaching  as  said  board  of  education  may  require,  the  board 
shall  issue  a  certificate,  valid  for  two  years,  authorizing  the 
holder  to  teach  in  any  district  school  of  this  state  employing 
not  more  than  one  teacher:  Provided,  That  said  two  years' 
certificates  may  be  once  renewed  for  a  like  period  upon  satis- 
factory evidence  to  the  granting  power  of  successful  experi- 
ence in  teaching. 

Second,  Upon  the  completion  of  a  course  of  instruction 
containing  the  branches  of  instruction  required  for  a  first 
grade  county  certificate,  and  such  additional  work  in  the 
science  and  art  of  teaching  as  said  board  of  education  may 
require,  said  board  shall  grant  a  certificate,  valid  throughout 
the  state  for  a  period  of  three  years:  Provided,  That  said 
three  [year]  years'  certificate  may  be  once  renewed  for  a  like 
period,  upon  satisfactory  evidence  to  the  granting  power,  of 
successful  experience  in  teaching. 

(263.)  §  1833.  SEC.  2.  The  state  board  of  education  may, 
through  the  state  normal  school  at  Ypsilanti,  grant  similar 
certificates  for  elementary  graded  and  rural  schools  as  in  their 
judgment  shall  seem  wise,  and  shall  through  the  same  institu- 
tion continue  to  grant  certificates  good  for  five  years,  life  cer- 
tificates, diplomas  and  degrees,  as  are  now  provided  by  statute 
and  custom;  and  in  recognition  of  the  work  now  being  done 
under  existing  laws,  in  those  life  certificates  and  degree 
courses  in  the  state  normal  school  at  Ypsilanti,  the  state  board 
of  education  is  empowered  to  designate  that  school  in  the 
courses  leading  to  such  certificate  and  degree  by  the  name, 
the  Michigan  state  normal  college. 


Sec.   3   repeals 
this" 


acts  or  parts   of  acts   conflicting   with   the   provisions  of 


LAWS  ENACTED  BY  LEGISLATURE 

OF  1899. 


An  Act  to  change  the  name  of  the  "Michigan  State  Normal  School"  to  "MICH- 
IGAN  STATE  NORMAL  COLLEGE." 

[Act  52,  1899.] 

(264.)     SECTION  1.     The  People  of  the  State  of  Michigan  enact,  change  of 
The  institution  now  known  and  designated  under  the  name  Sol^fscho 
and  style  of  "Michigan  state  normal  school"  shall  hereafter  at  YPsilanti- 
be  known  as  the  ''Michigan  state  normal  college." 

SEC,  2.     Repealing  clause. 


An  Act  to  provide  for  the  location,  establishment  and  conduct  of  a  NORMAL 
SCHOOL  AT  MARQUETTE.  in  the  upper  peninsula  of  this  State,  and  to 
make  an  appropriation  for  the  same. 

[Act  51,  1899.] 

(265.)     SECTION  1.     The  People  of  the  State  of  Michigan  enact,  Name  of 
That  a  normal  school  shall  be  located  at  Marquette,  to  be  8( 
known  as  the  northern  state  normal  school,  for  the  purpose  of  Purpose, 
instructing  persons  in  the  several  branches  pertaining  to  a 
public  school  education,  and  in  the  science  and  the  art  of 
teaching  the  same. 

(266.)     SEC.  2.     The  state  board  of  education  is  hereby  au- selection  of 
thorized  to  procure  a  suitable  site  for  the  grounds  and  build- Slte> 
ings  for  said  normal  school,  which  site  shall  consist  of  at  least  Area  and 
twenty  acres  of  land,  located  within  one  and  one-half  miles  of  lc 
the  present  location  of  the  postoffice  in  said  city  of  Marquette. 
Said  state  board  of  education  shall  pay  for  such  site  a  sum 
not  exceeding  one  dollar,  which  sum  is  hereby  appropriated 
for  the  use  of  said  state  board  of  education  out  of  any  moneys 
in  the  treasury  not  otherwise  appropriated,  to  be  drawn  on 
the  requisition  of  said  state  board  of  education  and  the  war- 
rant of  the  auditor  general,  as  the  moneys  and  appropriations 
are   drawn.     Said   state   board   of  education   shall   procure  Deed  or  con- 
good   and    sufficient   deed   or   conveyance   of   such   site   and v 
grounds,  and  have  the  title  of  the  same  duly  recorded.    When 
so  recorded,  the  said  deed  of  conveyance,  with  an  abstract  of 
title  showing  a  clear  and  unincumbered  title,  and  all  papers 


94  GENERAL   SCHOOL   LAWS. 

relating  thereto  shall  be  deposited  in  the  office  of  the  auditor 
general. 

Appropriation  (267.)  SEC.  3.  The  sum  of  twenty-five  thousand  dollars  is 
for  building,  hereby  appropriated  for  the  erection  of  a  suitable  building  for 
the  use  of  said  state  board  of  education  in  the  establishment 
of  a  normal  school  under  the  provisions  of  this  act,  which 
building  shall  be  erected  in  accordance  with  the  suggestions 
and  requirements  of  the  state  board  of  corrections  and  chari- 
ties, and  shall  be  ready  for  occupancy  October  one,  eighteen 
hundred  ninety-nine. 

Appropriation  (268.)  SEC.  4.  The  sum  of  ten  thousand  dollars  is  hereby 
i899-i9oo!es  f°r  appropriated  for  the  payment  of  the  salaries  and  conduct  of 
said  normal  school  for  the  year  eighteen  hundred  ninety-nine 
and  nineteen  hundred,  namely:  Two  thousand  five  hundred 
dollars  for  the  year  eighteen  hundred  and  ninety-nine,  and 
seven  thousand  five  hundred  dollars  for  the  year  nineteen  hun- 
dred, which  amounts,  together  with  amount  specified  in  sec- 
tion three  of  this  act,  shall  be  expended  under  the  direction  of 
the  state  board  of  education  and  be  drawn  on  their  order  from 
Proviso.  the  general  fund:  Provided,  That  this  appropriation  shall  not 
be  available  unless  five  thousand  dollars  of  the  amount  volun- 
teered as  a  gift  from  the  citizens  of  Marquette  toward  the 
site  and  beautifying  the  grounds  be  donated  for  the  equip- 
ment of  the  school. 

For  reimburse-  (269.)  SEC.  5.  The  auditor  general  shall  add  to  and  incor- 
porate with  the  state  tax  for  the  year  eighteen  hundred  and 
ninety-nine  the  sum  of  twenty-seven  thousand  five  hundred 
dollars,  and  for  the  year  nineteen  hundred  the  sum  of  seven 
thousand  five  hundred  dollars,  to  be  assessed,  levied  and  col- 
lected as  other  state  taxes  are  assessed,  levied  and  collected, 
which  sum,  when  collected,  shall  be  placed  to  the  credit  of  the 
general  fund  to  reimburse  it  for  the  sum  appropriated  by  sec- 
tions three  and  four  of  this  act. 

(270.)  SEC.  6.  The  said  northern  state  normal  school  shall 
be  under  and  subject  to  the  control  of  the  state  board  of  edu- 
cation, according  to  the  provisions  of  act  number  one  hundred 
ninety-four  of  the  public  acts  of  eighteen  hundred  and  eighty- 
nine,  entitled  "an  act  to  revise  and  consolidate  the  laws 
relative  to  the  state  board  of  education,  and  amendments 
thereto,  also  according  to  the  provisions  of  act  number  one 
hundred  and  seventy-five  of  the  public  acts  of  eighteen  hun- 
dred and  ninety-seven,  entitled  "an  act  to  fix  the  relation  of 
the  existing  normal  schools  of  the  state,"  which  laws  are  made 
applicable  to  the  school,  except  as  herein  otherwise  provided. 


GENERAL   SCHOOL  LAWS. 


An  Act  to  provide  for  the  incorporation  of  associations  for  the  purpose  of 
establishing  LOAN-FUNDS  for  the  benefit  of  school  scholars  and  students  of 
this  State,  to  assist  them  to  attend  the  University  of  Michigan,  the  State 
Normal  College  at  Ypsilanti,  the  Central  Michigan  Normal  School  at  Mt. 
Pleasant,  the  Michigan  State  Agricultural  College  at  Lansing,  the  College 
of  Mines  at  Houghton,  or  the  Manual  Training  Schools  of  this  State. 

[Act  250,  1899.] 

(271.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact,  Number  that 
Any  five  or  more  persons  of  full  age  residing  in  the  state  of 
Michigan  may  associate  and  incorporate  themselves  together 
for  the  purpose  of  establishing  loan-funds  for  the  benefit  of 
school  scholars  and  students  of  this  state,  to  assist  them  to 
attend  the  university  of  Michigan,  the  state  normal  college  at 
Ypsilanti.  the  central  Michigan  normal  school  at  Mt.  Pleasant, 
the  Michigan  state  agricultural  college  at  Lansing,  the  Michi- 
gan college  of  mines,  or  the  manual  training  schools  of  this 
state. 

(272.)  SEC.  2.  Articles  of  association  shall  be  executed  in  Manner  of  in- 
duplicate,  by  the  persons  so  associating  themselves  together  corpor 
in  the  first  instance,  and  shall  be  acknowledged  by  them  be- 
fore some  person  authorized  by  the  laws  of  this  state  to  take 
acknowledgments  of  deeds,  one  of  which  duplicates  shall  be 
filed  and  recorded  in  the  office  of  the  secretary  of  state,  and  a 
record  shall  be  made  of  such  articles,  and  a  certified  copy 
thereof  filed  in  the  clerk's  office  in  the  county  where  such 
society  is  formed.  Thereupon  the  persons  so  executing  said 
articles,  and  such  other  persons  as  may  thereafter,  according 
to  the  provisions  of  such  articles,  become  associated  with 
them  shall  become  and  be  a  body  politic  and  corporate,  capable 
of  being  sued,  for  the  purpose  set  forth  in  such  articles. 

(273.)     SEC.  3.     The  articles  of  association  shall  contain:      Articles  of 

First,  The  names  and  places  of  residence  of  the  persons  a880Ciation- 
associated  in  the  first  instance; 

Second,  The  name  or  title  by  which  such  association  shall 
be  known  in  law,  and  the  period  for  which  it  is  incorporated, 
not  exceeding  thirty  years; 

Third,  The  objects  for  which  it  was  organized; 

Fourth,  The  number  of  its  trustees  or  managers  to  manage 
the  same,  and  the  names  of  such  trustees  or  managers  for  the 
first  year  of  its  existence. 

(274.)     SEC.  4.     The  affairs  of  such  corporation  shall  be  un-  General 
der  the  general  management  of  not  less  than  five  nor  more  manasen] 
than  fifteen  trustees,  to  be  chosen  by  the  members  thereof,  and 
to  hold  office  for  such  time,  not  exceeding  five  years,  as  shall 
be  provided  by  the  articles  of  association ;  and  the  articles  of  classification 
association  may  provide  for  a  classification  of  the  trustees  so  oi 
that  the  terms*  of  office  of  the  several  classes  shall  expire  at 
different  times,  and  for  a  classification  of  the  members  in 
accordance  with  their  subscriptions  to  the  objects  for  which 
the  corporation  was  organized.     The  regular  officers  of  such 
corporation  shall  form  a  part  of  such  trustees.    The  officers 


96 


GENERAL  SCHOOL  LAWS. 


Amendments. 


Funds  of 
corporation. 


May  receive 
real  and  per- 
sonal estate. 


may  be  chosen  by  the  trustees  or  the  members  of  the  corpora- 
By-iaws.  tion,  as  the  articles  shall  prescribe.  The  by-laws  shall  be 
adopted  by  the  trustees,  who  may  change  them  at  pleasure. 
The  majority  of  the  trustees  shall  be  a  quorum  to  transact 
business.  The  articles  of  association  of  any  such  corporation 
may  be  amended  at  any  time  by  a  two-thirds  vote  of  the 
trustees.  Before  any  such  amendment  shall  take  effect,  a 
copy  of  the  resolution,  certified  by  the  secretary,  shall  be  filed 
in  the  office  of  the  secretary  of  state,  and  in  the  clerk's  office 
of  the  county  in  which  the  original  articles  are  filed. 

(275.)  SEC.  5.  All  the  funds  received  by  any  corporation  or- 
ganized under  this  act  shall  be  used  after  paying  necessary 
expenses,  for  the  exclusive  purpose  or  purposes  set  forth  in 
the  articles  of  association.  And  no  portion  of  the  funds  of 
such  corporation  shall  be  used  or  contributed  toward  the  erec- 
tion, completion  or  furnishing  of  any  building  not  owned  or 
used  by  such  corporation  for  the  purpose  or  purposes  set  forth 
in  its  articles  of  association.  Such  corporation  shall  in  equity 
and  law  be  capable  of  taking  and  receiving  real  and  personal 
estate,  either  by  purchase,  gift,  grant,  lease,  or  bargain  and 
sale,  devise  and  bequest,  not  exceeding  twenty-five  thousand 
dollars,  in  the  aggregate,  for  the  purpose  of  its  incorporation, 
but  for  no  other  purpose,  and  it  shall  have  power  to  invest  the 
same  at  pleasure,  and  to  grant,  bargain,  mortgage,  sell  or  lease 
the  same  for  the  use  of  said  association;  and  it  shall  be  lawful 
to  invest  the  same  upon  mortgage,*  or  in  or  by  loans  on  notes 
or  bonds,  or  municipal,  county,  state  or  United  States  securi- 
ties; or  deposit  the  same  in  any  reliable  bank  on  interest;  but 
no  loans  shall  be  made  to  any  trustee  or  officer  of  such  cor- 
poration: Provided,  That  any  such  corporation  may,  in  its 
articles  of  association,  specify  the  kinds  of  securities  in  which 
its  funds  shall  be  invested,  and  that  no  part  of  its  funds  shall 
be  invested  in  any  securities  other  than  those  named  in  its 
articles,  or  when  the  securities  shall  not  be  specified  in  the 
articles  of  association,  then  such  funds  shall  only  be  invested 
in  such  securities  as  are  specified  in  this  act.  Such  corpora- 
tion shall  have  the  power  to  make  all  needful  rules  and  regu- 
lations and  by-laws  for  the  management  of  its  affairs,  not 
inconsistent  with  the  constitution  and  laws  of  this  state  or  of 
the  United  States. 

(276.)  SEC.  6.  In  case  it  shall  at  any  time  happen  that  an 
election  of  officers,  directors  or  trustees  shall  not  be  made  on 
the  day  designated  by  the  articles  of  association  and  by-laws, 
said  corporation  for  that  cause  shall  not  be  dissolved,  but  it 
shall  and  may  be  lawful  on  any  other  day  to  hold  an  electon  of 
officers,  directors  or  trustees,  in  such  manner  as  may  be  di- 
rected by  the  articles  of  association  and  by-laws  of  said  cor- 
poration. 

(277.)  SEC.  7.  The  articles  of  association  filed  as  required 
by  this  act,  or  a  copy  thereof  certified  by  the  officer  with 
whom  they  are  so  filed,  may  be  given  in  evidence  in  any  court 


May  specify 
kinds  of 
securities. 


Election  of 
officers. 


Articles  may 
be  used  in 
court. 


GENERAL  SCHOOL  LAWS.  97 

of  this  state  for  or  against  said  corporation.    Said  corporation  General  power 
shall  possess  the  general  power  conferred  by  and  subject  to  of  corPoration- 
the  provisions  and  restrictions  of  chapter  two  hundred  thirty 
of  the  compiled  laws  of  the  state  of  Michigan  of  eighteen  hun- 
dred ninety-seven,  so  far  as  the  same  may  be  applicable  to 
corporations  formed  under  this  act. 


An  Act  to  create  a  STATE  BOARD  OF  LIBRARY  COMMISSIONERS  to  pro- 
mote the  establishment  and  efficiency  of  free  public  libraries,  and  to  provide  an 
appropriation  therefor. 

[Act  115,  1899.] 

(278.)     SECTION  1.     The  People  of  the  State  of  Michigan  enact,  Personnel  of 
The  governor,  with  the  advice  and  consent  of  the  senate,  shall  C( 
appoint  four  persons,  residents  of  this  state,  who,  together 
with  the  state  librarian,  who  shall  be  a  member  ex  officio,  shall 
constitute  a  board  of  library  commissioners.     Two  members 
of  said  board  shall  be  appointed  for  a  term  of  four  years  and 
two  for  a  term  of  two  years,  and  thereafter  the  term  of 
office  shall  be  four  years.    All  vacancies  occurring  in  the  ap  Fiiimgof 
pointive  membership  of  said  board,  whether  by  expiration  of  vac 
term  of  office  or  otherwise,  shall  be  filled  by  the  governor,  with 
the  advice  and  consent  of  the  senate. 

(279.)     SEC.  2.     It  shall  be  the  duty  of  the  library  commis- Duties  of 
sion  to  give  advice  and  counsel  to  all  free  libraries  in  the  state,  commission- 
and  to  all  communities  which  may  propose  to  establish  them, 
as  to  the  best  means  of  establishing  and  administering  such  li- 
braries, the  selection  of  books,  cataloguing,  and  all  other  de- 
tails of  library  management.     In  January  of  each- year  the 
board  shall  make  a  report  to  the  governor  of  its  doings,  of 
which   report  one  thousand  copies  shall  be  printed  by  the 
state  printer  for  the  use  of  the  board. 

(280.)  SEC.  3.  It  shall  be  the  duty  of  all  free  libraries  organ-  Reports  to^ 
ized  under  the  laws  of  the  state,  whether  general  or  special,  to  cc 
make  an  annual  report  to  the  board  of  library  commissioners, 
which  report  shall  conform  as  near  as  may  be  reasonable  and 
convenient,  as  to  time  and  form  such  rules  as  the  board  may 
prescribe. 

(281.)     SEC.  4.     No  member  of  the  board  of  library  commis-  salary  of 
sioners  shall  receive  any  compensation  for  his  services,  except 8€ 
that  the  board  may  appoint  one  of  their  number  to  act  as  sec- 
retary, and  such  secretary  may  receive  such  sum  as  shall  be 
agreed  upon  by  the  board,  not  exceeding  three  hundred  dollars 
annually,  for  clerical  services.    The  board  shall  be  entitled  to  Expenses  of 
expend  a  sum  not  to  exceed  five  hundred  dollars  in  any  one  ct 
year  for  supplies  and  incidentals  and  for  the  actual  and  neces- 
sary expenses  of  its  members  in  the  discharge  of  their  duties. 
The  accounts  of  the  board  shall  be  audited  by  the  state  board 
of  auditors,  and  paid  out  of  the  general  fund. 

13 


98 


GENERAL    SCHOOL   LAWS. 


Provision  for 
fund. 


(282.)  SEC.  5.  The  auditor  general  shall  add  to  and  incor- 
porate with  the  state  tax  for  the  year  eighteen  hundred  and 
ninety-nine,  and  every  year  thereafter,  the  sum  of  eight  hun- 
dred dollars,  to  be  assessed,  levied  and  collected  as  other  state 
taxes  are  assessed,  levied  and  collected,  which  sum  when  col- 
lected shall  be  placed  to  the  credit  of  the  general  fund  to 
reimburse  it  for  the  sums  authorized  to  be  expended  under 
this  act. 


Manner  .of 
establishment. 


Report  to  su- 
perintendent 
of  public 
instruction. 


Payment  of 
fund  by  state 
treasurer. 


Handling  of 
fund. 


Name  of  fund. 


An  Act  authorizing  school  district  boards,  boards  of  trustees  of  graded  schools 
and  boards  of  education  in  cities  to  establish  and  maintain  DAY  SCHOOLS 
FOR  THE  DEAF,  and  authorizing  payment  therefor  from  the  general  fund. 

[Act  176,  1899.] 

(283.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  upon  application  by  a  school  district  board,  board  of 
trustees  of  a  graded  school,  or  board  of  education  of  any  city, 
of  this  state,  to  the  superintendent  of  public  instruction,  he 
shall  grant  permission  to  such  board  to  establish  and  main- 
tain, and  such  board  shall  thereupon  be  empowered  to  main- 
tain within  the  limits  of  its  jurisdiction  one  or  more  day 
schools,  having  an  average  attendance  of  not  less  than  three 
pupils,  for  the  instruction  of  deaf  persons  over  the  age  of 
three  years,  whose  parents,  or  guardians  in  the  case  of  or- 
phans, are  residents  of  the  state  of  Michigan. 

(284.)  SEC.  2.  Any  board  which  shall  maintain  one  or 
more  day  schools  for  the  instruction  of  the  deaf  shall  report 
to  the  superintendent  of  public  instruction  annually,  and  at 
such  other  times  as  he  may  direct,  such  facts  concerning  the 
school  or  schools  as  he  may  require. 

(285.)  SEC.  3.  The  state  treasurer  is  hereby  authorized 
and  directed  to  apportion  and  pay  out  of  the  "general  fund" 
annually  to  the  treasurer  of  any  board  maintaining  a  school 
or  schools,  which  shall  be  established  in  accordance  with  this 
act,  the  sum  of  one  hundred  and  fifty  dollars  for  each  deaf 
pupil  instructed  in  any  such  school  for  nine  months  during 
the  school  year,  and  a  part  of  such  sum  proportionate  to  the 
time  of  instruction  of  any  such  pupil  so  instructed  less  than 
nine  months  during  each  year. 

(286.)  SEC.  4.  The  money  received  from  the  state  treas- 
urer, as  provided  in  section  three  of  this  act,  shall  be  kept 
separate  and  distinct  from  all  other  funds  by  the  treasurer  of 
the  board  receiving  it,  and  shall  be  known  as  "the  fund  for  the 
support  of  schools  for  the  deaf,"  and  shall  be  paid  out  for  no 
other  purpose  than  for  the  payment  of  salaries  of  teachers  of 
schools  for  the  deaf,  as  herein  provided,  and  for  school  appli- 
ances, and  all  sums  not  expended  under  this  act  shall  be  re- 
turned to  the  state  treasurer  and  credited  to  the  primary 
school  interest  fund. 


GENERAL   SCHOOL  LAWS.  99 

(287.)     SEC.  5.     All  teachers  in  such  schools  shall  be  ap-  Regarding 
pointed  and  employed  as  other  public  school  teachers  are  ap- teachers- 
pointed  and  employed.    All  persons  appointed  to  teach  in  any 
such  school  shall  have  had  special  training  for  teaching,  and 
shall  also  have  had  special  training  in  the  teaching  of  the  deaf, 
including  at  least  one  year's  experience  as  a  teacher  in  a  school 
for  the  deaf.    The  so-called  "oral"  system  shall  be  taught  by  system  taught, 
such  teachers,  and  if  after  a  fair  trial  of  nine  months,  any  of 
such  children  shall  for  any  reason  be  unable  to  learn  such 
oral  method,  then  no  further  expense  shall  be  incurred  in  the 
effort  to  teach  such  child  so  unable  to  learn  such  oral  method 
in  such  primary  schools. 

(288.)     SEC.  6.     For  the  purpose  of  this  act,  any  person  of  Persons  com- 
sound  mind,  who,  by  reason  of  defective  hearing,  cannot  profit- 
ably  be  educated  in  the  public  schools,  as  other  children  are, 
shall  be  considered  deaf. 


An  Act  to  provide  for  the  publication  and  distribution  of  laws  and  documents, 
reports  of  the  several  officers,  boards  of  officers  and  public  institutions  of  this 
State  now  or  hereafter  to  be  published,  and  to  provide  for  the  replacing  of 
books  lost  by  fire  or  otherwise,  and  to  provide  for  the  publication  and  dis- 
tribution of  the  official  directory  and  legislative  manual  of  the  State  of  Mich- 
igan, etc. 

(From  this  act  only  such  portions  are  quoted  as  relate  directly  to  the  pub- 
lic school  system.) 

[Act  44,  1899.] 

(289.)     SEC.  11.     There  shall  be  printed  of  the  annual  re-  Annual  report 
port  of  the  superintendent  of  public  instruction  a  sufficient  tende^ft"? 
number  to  supply  all  school  libraries  in  the  state  with  one  §on!ic  instruc" 
copy  each,  which  copy  shall  be  bound  in  the  same  style  as  pro- 
vided by  this  act  for  binding  state  publications  for  library 
distribution;  also  one  copy  each  to  the  following  persons  or 
institutions :     To  each  superintendent  of  public  instruction,  TO  whom  dis- 
state  university,  college  of  mines  and  state  normal  school  in  tr 
the  United  States,  each  living  ex-superintendent  and  deputy 
superintendent  of  public  instruction  in  this  state,  each  mem- 
ber of  county  boards  of  examiners,  each  city  superintendent 
of  schools;  two  hundred  copies  for  deposit  with  the  secretary 
of  state  for  future  distribution,  and  such  number  of  additional 
copies  as  the  superintendent  of  public  instruction  may,  in  his 
discretion,    deem    necessary,    not    exceeding    three    hundred 
copies.    Said  report  shall  not  exceed  three  hundred  pages,  in-  Number  of 
eluding  context  and  index,  such  pages  to  be  the  size  of  the  pases- 
pages  of  the  report  of  the  superintendent  of  public  instruction 
for  the  year  eighteen  hundred  ninety-five,  and  such  report 
shall  be  distributed  by  the  superintendent  of  public  instruc- 
tion.   Not  to  exceed  the  sum  of  fifty  dollars  for  any  one  report 
shall  be  expended  for  cuts  or- illustrations  for  said  report: 
Provided,  That  said  fifty  dollars  shall  cover  the  cost  for  special 


100 


GENERAL    SCHOOL   LAWS. 


State  course 
of  study. 


Institute 
outlines. 


Distribution 
of  legislative 
manual. 


Duty  of  county 
commis- 
sioners. 


Expense  of 
distribution. 


Receipt  to 
secretary 
of  state. 


paper,  if  necessary  for  such  cuts,  and  also  the  cost  of  making 
such  cuts:  Provided  further,  That  the  state  superintendent 
of  public  instruction  may  prepare  and  have  published  for  the 
district  schools,  a  state  course  of  study;  for  the  teachers'  in- 
stitutes, institute  outlines;  and,  from  time  to  time,  such  edu- 
cational bulletins  as  he  may  deem  necessary  for  the  advance- 
ment of  the  cause  of  education  in  Michigan. 

Am.  1901,  Act  31. 

(290.)  SEC.  30.  This  section  provides  for  the  distribution 
of  the  legislative  manual  (red  book),  and  the  list  includes  one 
copy  for  each  of  the  following:  Each  district,  graded,  and 
city  school;  each  library  other  than  school  library;  each  town- 
ship, village,  and  city  clerk,  and  the  county  commissioner  of 
schools. 

(291.)  SEC.  32.  It  shall  be  the  duty  of  the  county  commis- 
sioners of  schools  to  distribute  all  copies  of  the  "'official  di- 
rectory and  legislative  manual"  to  the  schools  in  their  respec- 
tive counties,  as  provided  .in  section  thirty  of  this  act;  and  also 
to  see  that  the  same  are  kept  for  the  use  of  said  schools,  and 
it  shall  be  the  duty  of  the  secretary  of  state  to  direct  and  over- 
see the  prompt  distribution  of  the  laws,  journals,  documents 
and  reports  mentioned  in  this  act,  whose  distribution  is  not 
otherwise  provided  for;  arid  said  laws,  journals,  documents, 
and  reports  shall  be  shipped  to  the  several  county  clerks  and 
county  commissioners  of  schools  in  the  state  and  be  dis- 
tributed by  them  to  the  persons,  officers,  corporations  and 
societies  within  their  respective  counties  entitled  to  the  same, 
and  that,  until  so  distributed,  they  shall  be  carefully  pre- 
served by  said  county  clerks  and  county  commissioners  of 
schools.  That  the  accounts  for  boxes  furnished  to  the  secre- 
tary of  state  for  package  and  distribution  shall  be  audited 
and  allowed  by  the  board  of  state  auditors  and  paid  out  of  the 
state  treasury,  and  the  expense  of  transportation  from  the 
office  of  the  secretary  of  state  to  the  county  clerks  and  county 
commissioners  of  schools,  and  of  distribution  by  them  to  the 
persons  entitled  to  the  same,  shall  be  audited  and  allowed  by 
the  boards  of  supervisors  and  paid  out  of  the  county 
treasuries. 

(292.)  SEC.  33.  It  shall  be  the  duty  of  the  several  county 
clerks  and  county  commissioners  of  schools,  upon  receiving 
any  of  the  books  mentioned  in  this  act,  to  receipt  to  the  secre- 
tary of  state  for  the  same,  which  receipt  shall  be  filed  and  pre- 
served in  the  office  of  the  secretary  of  state;  and  it  shall  also 
be  the  duty  of  the  said  county  clerks  and  county  commission- 
ers of  schools  to  distribute  said  books  as  provided  in  this  act, 
and  to  report  at  the  expiration  of  a  month  after  each  reception 
of  books  to  the  secretary  of  state,  on  blanks  furnished  by 
him,  by  giving  a  full  statement  of  all  of  said  books  remaining 
in  his  office,  together  with  the  names  of  the  officers  neglecting 


GENERAL   SCHOOL  --LAWS. 


101 


to  call  for  the  books  to  which  they  are  entitled;  and  it  shall  be 
the  duty  of  all  persons,  officers,  corporations  and  societies, 
upon  receiving  any  of  the  books  mentioned  in  this  act,  to 
receipt  respectively  to  the  county  clerk  and  county  commis- 
sioner of  schools  for  the  same,  which  receipt  shall  be  filed  and 
preserved  in  the  office  of  the  county  clerk  and  county  commis- 
sioner of  schools  respectively.  It  shall  also  be  the  duty  of  Notification 
the  secretary  of  state  to  notify  each  person  to  whom  any  0?  state!1*1 
books  are  sent,  except  township  officers,  either  directly  or  in 
care  of  the  county  clerk,  which  are  required  by  this  act  to  be 
kept  in  any  library  or  passed  over  to  any  successor  in  office, 
and  that  each  person  receiving  such  notice  shall,  within  a 
reasonable  time,  apply  to  the  county  clerk  for  the  books  men- 
tioned in  this  notice,  if  such  books  were  sent  to  the  county 
clerk,  and  obtain  the  same;  and  if  such  books  have  been  re- 
ceived by  the  county  clerk  and  are  not  called  for  as  aforesaid, 
such  person  thus  notified  shall  be  held  responsible  in  the  same 
manner  and  to  the  like  extent  as  in  the  case  of  his  neglect 
or  refusal  to  deliver  over  to  his  successor  books  received  by 
him,  except  that  books  sent  for  the  use  of  township  officers 
may  be  sent  to  either  the  township  clerk  or  county  clerk,  when 
the  secretary  of  state  shall  notify  the  township  clerk,  who 
shall  draw  all  of  the  books  for  the  officers  of  his  township 
and  distribute  the  same. 

(293.)  SEC.  34.  Provides  that  each  city,  village,  township, 
and  county  officer  shall,  when  he  ceases  to  hold  such  office, 
deliver  over  to  his  successor  in  office  all  such  books  received 
by  him  which  are  required  by  this  act  to  be  placed  in  his 
library. 


LAWS  ENACTED  BY  LEGISLATURE 

OF  1901. 


An  Act  to  provide  for  the  establishment  and  maintenance  of  rural  high  schools. 

[Act  144,  1901.] 


Petition  of 
taxpayers. 


Submit  vote 
at  special 
election. 


Elections  held 
at  usual  place. 

Notice  given. 

Election,  how 
conducted. 


Board  of 
trustees. 


Ex  officio 
members. 


Regular 
meetings. 


Special 
meetings. 

Powers  of 
board. 


(294.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
The  township  board  of  any  township,  not  having  within  its 
limits  an  incorporated  village  or  city,  upon  the  petition  of  not 
less  than  one-third  of  the  taxpayers  of  such  township  for  the 
establishment  of  a  rural  high  school,  shall  submit  such  ques- 
tion to  a  vote  of  the  qualified  electors  of  said  township  at  a 
special  election  called  for  that  purpose  within  sixty  days 
from  date  of  receipt  of  said  petition. 

(295.)  SEC.  2.  All  elections  ordered  by  any  township  board 
in  pursuance  of  section  one  of  this  act  shall  be  held  at  the 
usual  place  or  places  of  holding  township  elections,  and  notice 
shall  be  given  and  the  elections  conducted  in  all  respects  as 
provided  by  law  for  the  election  of  township  officers  and  the 
ballots  shall  have  printed  thereon,  "for  rural  high  school- 
yes."  "For  rural  high  school — no." 

(296.)  SEC.  3.  If  more  votes  are  cast  in  favor  of  such  high 
school  than  against  it  at  such  election,  the  qualified  electors 
of  said  township  shall  elect  at  their  next  annual  election  of 
township  officers  a  board  of  trustees  of  three  members,  one 
for  one  year,  one  for  two  years  and  one  for  three  years,  and 
on  the  expiration  of  their  terms  of  office  and  regularly  there- 
after their  several  successors  shall  be  elected  in  like  manner 
for  a  term  of  three  years  each.  The  township  clerk  shall  be  ex 
officio  member  and  the  clerk  of  the  board,  and  the  township 
treasurer  shall  be  ex  officio  member  and  treasurer  of  the 
board  with  the  same  power  as  other  members  of  the  board. 

(297.)  SEC.  4.  Said  board  of  trustees  shall  meet  on  the 
third  Monday  in  April  of  each  year  and  organize  by  electing 
one  of  the  trustees  as  president.  Regular  meetings  of  the 
board  shall  be  held  on  the  second  Mondays  of  May,  August, 
November,  and  February  in  each  year.  Special  meetings  may 
be  called  upon  five  days'  notice  by  the  president  or  secretary. 
The  board  shall  have  power 

(a)  To  supervise  and  visit  the  school; 


GENERAL   SCHOOL  LAWS.  103 

(b)  To  admit  all  children  of  the  township  above  the  eighth 
grade  and  to  admit  and  provide  rates  of  tuition  for  non-resi- 
dent pupils  if  they  so  elect; 

(c)  To  select  and  adopt  text-books; 

(d)  To  appoint  legally  qualified  teachers ; 

(e)  To  fix  wages,  make  general  rules  and  regulations  for  the 
control  of  the  school,  suspend  or  expel  pupils,  fix  the  time  of 
school  which  will  not  be  more  than  ten  months  nor  less  than 
seven  in  any  one  year ; 

(f)  To  rent  or  to  purchase  and  hold  real  estate  for  such 
township  high  school,  build  and  furnish  school  houses,  deter- 
mine location  of  grounds  and  building,  which  shall  be  as  near 
the  center  of  the  township  as  practicable,  according  to  sani- 
tary conditions,  and  to  receive  and  hold  bequests  and  gifts  for 
the  benefit  of  the  school,  and  to  dispose  of  property  belonging 
to  the  district  subject  to  the  provisions  hereinafter  named; 

(g)  To  provide  a  course  of  study  which  shall  be  approved 
by  the  superintendent  of  public  instruction  and  the  president 
of  the  Michigan  agricultural  college,  and  shall  not  consist  of 
more  than  four  years'  work.     Said  course  of  study  may  in- 
clude instruction  in  manual  training,  domestic  science,  nature 
study  and  the  elements  of  agriculture; 

(h)  To  estimate  and  vote  the  amount  of  tax  necessary  to 
support  the  school  at  a  meeting  previous  to  October  first  in 
each  year  and  report  the  same  to  the  supervisor,  which  amount 
shall  be  spread  upon  the  tax  roll  the  same  as  other  district 
taxes,  and  in  their  discretion  borrow  money  for  current  ex- 
penses which  amount  shall  not  exceed  fifty  per  cent  of  the 
amount  of  tax  voted; 

(i)  To  publish  annually  in  one  newspaper  of  the  township 
or  county  a  statement  of  the  proceedings  of  the  board  meet- 
ings and  an  itemized  account  of  all  receipts  and  expenses,  and 
file  a  copy  of  the  same  in  the  office  of  the  county  school  com- 
missioner and  state  superintendent  of  public  instruction 
within  sixty  days  of  the  date  of  publication  of  the  same. 

(298.)     SEC.  5.     The  secretary  of  the  board  shall  receive  not  salary  of 
to  exceed  fifty  dollars  per  annum  for  his  services.     It  shall  st 
be  his  duty  to  keep  the  records,  provide  supplies,  visit  the  Duty  of 
school   and  make  annual   reports  to  the  school  board,  the 8e 
county  school  commissioner  and  the  state  superintendent  of 
public  instruction,  in  such  form  as  the  superintendent  of  pub- 
lic instruction  shall  direct. 

(299.)     SEC.  6.  All  orders  on  the  treasurer  for  moneys  shall  £r0dneer*sfor 
be  ordered  by  the  board  and  signed  by  the  secretary  and 
president. 

(300.)     SEC.  7.     A  majority  of  the  tax  payers  of  the  town-  Limit  of  bond, 
ship  shall  determine  the  amount  to  be  expended  in  the  grounds 
and  building  of  said  school  and  may  bond  the  township  for 
such  amount :    Provided,  That  the  amount  of  said  bonds  shall 


104 


GENERAL   SCHOOL   LAWS. 


not  exceed  five  thousand  dollars,  and  that  the  period  of  such 

bonds  shall  not  continue  beyond  ten  years. 

under  super-        (301.)     SEC.  8.     The  high  schools  established  under  the  pro- 
vision of  com-  visions  Of  this  act  shall  be  under  the  supervision  of  the  countv 

imssioner.  -,       n  .•  /» 

commissioner  of  schools,  and  all  questions  of  management, 
subject  to  pro-  support  and  control  arising  under  the  provisions  of  this  act 
erai°snchooisen  anc*  no^  expressly  provided  for  therein  shall  be  subject  to  the 
laws.  provisions  of  the  general  school  laws  of  this  state. 

SEC.  9.     Repealing  clause. 


An  Act  to  define   the   legal   qualifications  of  kindergarten,   music,   and   drawing 
teachers   in   the   State. 


Qualifications 
of  kindergar- 
ten teacher. 


Qualifications 
of  music 
teacher. 


Qualifications 
of  drawing 
teacher. 


What  cities 
exempt. 


[Act  166,  1901.] 

(302.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
Any  person  who  is  a  graduate  of  any  kindergarten  training 
school,  endorsed  by  the  superintendent  of  public  instuction  of 
this  state,  and  who  holds  also  a  teacher's  certificate  or  a 
diploma  from  a  reputable  college  of  the  state,  or  a  high  school 
having  a  four  years'  high  school  course,  shall  be  considered  a 
legally  qualified  kindergarten  teacher;  and  any  district  board 
shall  be  authorized  to  pay  such  teacher  for  kindergarten  in- 
struction from  the  same  fund,  and  in  the  same  manner,  as 
other  teachers  are  now  paid. 

(303.)  SEC.  2.  Any  person  who  has  finished  a  course  of 
at  least  two  years  in  music  in  the  university  of  the  state  of 
Michigan,  or  in  any  of  the  state  normal  schools,  or  in  any  col- 
lege incorporated  under  the  general  laws  of  the  state,  and 
any  person  who  has  finished  a  course  of  at  least  one  year  in 
drawing  in  any  of  the  aforesaid  institutions,  or  in  any  other 
institution,  whose  course  of  study  is  acceptable  to  the  superin- 
tendent of  public  instruction,  and  holds  in  either  case  a  state- 
ment from  the  proper  authorities  of  the  institution  certifying 
to  that  fact,  shall  be  considered  a  legally  qualified  teacher  in 
music  or  in  drawing;  and  any  district  board,  or  board  of  educa- 
tion, shall  be  authorized  to  pay  such  teacher  for  instruction 
in  music  or  in  drawing  from  the  same  fund,  and  in  the  same 
manner,  as  other  teachers  are  nowT  paid:  Provided,  That  in 
cities  organized  under  special  law  or  charter,  and  maintain- 
ing kindergarten  training  schools,  having  a  three  years' 
course,  shall  be  exempt  from  the  provisions  of  this  act. 

(304.)  SEC.  3.  All  acts  and  parts  of  acts  contravening  the 
provisions  of  this  act  are  hereby  repealed. 


GENERAL   SCHOOL  LAWS.  105 


An  Act  to  require  county  commissioners  of  schools  to  transmit  lists  of  public 
libraries  and  the  librarians  thereof. 

[Act  199,  1901.] 

(305.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact,  commissioner 
Hereafter  it  shall  be  the  duty  of  the  county  commissioner  of 
schools,  in  each  county  of  this  state,  in  the  month  of  June  in 
each  year,  to  transmit  to  the  secretary  of  the  state  board  of 
library  commissioners,  at  Lansing,  a  complete  list  of  all 
libraries  other  than  personal  libraries  within  his  county, 
whether  towrnship,  school  district,  village  or  city,  together 
with  the  names  and  postoffice  addresses  of  the  librarians 
thereof. 

14 


APPENDIX. 


FOEMS    FOR    PROCEEDINGS    UNDER    THE    SCHOOL    LAWS. 


(306.) 

FORM  No.   1. 

Notice  by  the  Clerk  of  the  Board  of  Inspectors  to  a  taxable  Inhabitant  of  a  District  of 

the  Time  of  its  Formation. 

[See   Comp.   Sees.   No.   25,   26,] 

To  A B : 

SIR — The   board   of   school   inspectors   of   the   township   of have    formed 

a  school  district  in  said  township,  to  be  known  as  district  No and  bounded 

as  follows:      [Here  insert  the  description.] 

The   first   meeting   of   said   district   will   be   held   at on    the day   of 

19 ...  .at o'clock.  .  .  .M.,  and  you  are  instructed  to  notify  every 

legal  voter  of  said  district  of  the  same,  at  least  five  days  previous  to  said  meeting, 
either  personally  or  by  leaving  a  written  notice  at  his  place  of  residence.  You  will 
indorse  on  this  notice  a  return,  showing  each  notification,  with  the  date  or  dates 
thereof,  and  deliver  the  same  to  the  chairman  of  said  meeting. 

Dated  this day  of 19 

( Signed. )  C D , 

Clerk  of  the  Board  of  School  Inspectors. 


(307.) 

FORM  No.  2. 

Notice  of  First   Meeting — when   made  in  writing   to   be   left   at    the   house   of  every 

legal  voter. 

[See  Comp.   Sees.  No.   25,  20,  40.] 

To  C D ;..: 

SIR — School   district   No of   the   township    of having   been    formed 

by  the  board  of  school  inspectors,  you,  as  a  legal  voter  in  said  district,  are  hereby 

notified  that  the  first  meeting  thereof  will  be  held   at ,   on   the.  .  . . 

day  of ,  19 ,  at o'clock M. 

Dated  this day  of 19 

A B , 

[The  person  appointed  to  give  notice."} 


FORMg  FOR   PROCEEDINGS. 


107 


(308.) 

FORM  No.  3. 

Endorsement  upon  the  notice  (Form  No.  1)   by  Taxable  Inhabitant. 
[See  Comp.   Sees.  No.  25,  26,  40.] 

I,  A B ,  hereby  returned  the  within    (or  annexed)    notice, 

having  notified  the  qualified  voters  of  the  district,  as  follows: 


NAMES. 


DATE. 


How  NOTIFIED. 


A B j  January  1,  1902 Personally. 

C D January  1,  1902 Written  notice. 

E F January  2,  1902 Personally. 

I 
. i 

Dated  this day   of 19 

( Signed. )  A B 

(309.) 

FORM  No.  4. 

Notice  by  Township  Clerk  to  Director,  of  Alteration  in  District. 
[See  Comp.  Sec.  No.  34.] 

To  the  Director  of  School  District  No ,  Township  of : 

SIR — At  a  meeting  of  the  board  of  school  inspectors  of  the  township  of 

held ,    19....,    the   boundaries    of    school    district   No ,    township 

of ,  were  altered  in  such  manner  that  the  territory  of  said  district  now 

includes  the  following:     [Here  insert  the  description.] 

Dated  this day  of 19 

(Signed.)  C D , 

Clerk  of  the  Board  of  School  Inspectors. 

(310.) 

FORM  No.  5. 

Acceptance  of  office  by  District  Officers,  to  be  filed  with  the  Director. 
[See  Comp.  Sees.  No.  48,  125,  143,   193.] 

I   do  hereby  accept  the  office  of in   school   district  No of 

the  township  of 

Dated  this day  of 19 

(Signed.)  A B 


108  GENERAL   SCHOOL  'LAWS. 

(311.) 

FORM  No.  6. 

Assessor's  Bond. 
[See  Comp.  Sees.  No.  60,  194.] 

KNOW  ALL  MEN  EY  THESE  PRESENTS  :  That  we,  A B ,  assessor 

of  school  district  No ,  township  of county  of 

and  State  of  Michigan,  C D and  E F 

[his  sureties],  are  held  firmly  bound  unto  said  district  in  the  sum  of 

[here  insert  double  the  amount  expected  to  come  into  the  assessor's  hands]  to  be  paid 
to  the  said  district;  for  the  payment  of  which  sum  well  and  truly  to  be  paid  we  bind 
ourselves,  our  heirs,  executors,  and  administrators,  jointly  and  severally,  firmly  by 
these  presents. 

The  condition  of  the  above  obligation  is  *such  that,  if  the  said 

assessor  as  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office  as  assessor  of 
said  school  district,  and  shall  well  and  truly  pay  over  to  the  person  or  persons,  entitled 
thereto,  upon  the  proper  order  therefor,  all  sums  of  money  wrhich  shall  come  into  his 
hands  as  assessor  of  said  district,  and  shall,  at  the  expiration  of  his  term  of  office,  pay 
over  to  his  successor  in  office  all  moneys  remaining  in  his  hands  as  assessor  aforesaid, 
and  shall  deliver  to  his  successor  all  books  and  papers  appertaining  to  his  said  office, 
then  this  obligation  shall  be  void,  otherwise  of  full  force  and  virtue. 

Sealed  with  our  seals  and  dated  this day  of ,  19 .... 

A B ,  [L.  s.] 

C D ,   [L.  s.] 

E F ,   [L.  s.] 

Signed,  sealed  and  delivered  in  presence  of 


We  approve  the  within  bond. 

( Signed. )  G H ,  Moderator. 

J K ,  Director. 

Justification  of  Sureties  in  the  foregoing  Bond. 

C D ,  and  E F ,  the  sureties  whose 

names  are  subscribed  to  the  above  bond,  being  duly  sworn,  each  for  himself,  says  that 
he  is  a  resident  in  said  district  and  is  worth  the  sum  specified  in  said  bond,  over  and 
above  all  his  debts  and  liabilities,  exclusive  of  property  exempt  from  execution. 

(Subscribed  and  sworn  to.) 


(312.) 

FORM  No.  7. 

Notice  of  Annual  Meeting. 
[See  Comp.   Sees.   No.    37,   39,   64.] 

NOTICE. — The  annual  meeting  of  school  district  No.  ...  of  'the  township  of 

,  for  the  election  of  school  district  officers  and  for  the  transaction  of  such 

other  business  as  may  lawfully  come  before  it,  will  be  held  at ,  on 

Monday,  the day  of  September  [or  July],  19. .  .  .,  at.  .  .  .o'clock.  .  .  .M. 

Dated  this day  of  August  [or  July],  19.  ... 

( Signed. )  A B ,  Director. 


FORMS   FOR   PROCEEDINGS.  109 

(313.) 

FORM  No.  8. 

Request  to  be  made  by  five  Legal  Voters  of  a  District  to  the  District  Board  for  a 

Special  Meeting. 

[See  Comp.   Sec.  No.   38.] 

To  the  District  Board  of  School  District  No (or  to  A B one  of 

the  District  Board: 

The  undersigned,  legal  voters  of  school  district  No of  the  township  of 

,  request  you,  in  pursuance  of  section  15  of  chapter  II  of  the  general 

school  laws  of  1897,  to  call  a  special  meeting  of  said  district,  for  the  purpose  of 

Dated  this day  of 19 

(Signed.)  C D 

E F 

G H 

I K 

L..  .   M.. 


(314.) 

FORM  No.  9. 

Notice  of  Special  Meeting. 
[See  Comp.   Sees.  No.   38,   39.] 

NOTICE. — .4  special  meeting  of  the  legal  voters  of  school  district  No ,  in  the 

township  of ,  called  on  the  written  request  of  five  legal  voters  [or  called 

by   the   district   board,    as   the    case   may   be],   will    be    held    at ,   on   the 

day    of ,    19 ......    at ....  o'clock ....  M.,    for    the    purpose    of 

[here  insert  every  object  that  is  to  be  brought  before  the  meeting.] 

( Signed. )  A B .  .  . '.  . .,  Director. 


(315.) 

FORM  No.  10. 

Order  upon  the  Treasurer  for  Moneys  to  be  disbursed  by  him,  with  Receipt  attached. 

[See  Comp.   Sees.  No.   64,   69.] 

Treasurer  of  School  District  No ,  Township  of ." 

SIR — Pay   to the   sum   of 100   dollars   out  of   any   moneys 

in  your  hands  belonging  to  the  [here  insert  name  of  fund  on  which  order  is  drawn, 
as  ""teachers'  wages,"  building,  etc.]  fund,  on  account  of  [here  state  the  object  for 
which  the  order  was  drawn.] 

Dated  this day  of ,   19 

A B ,  Director. 

[Countersigned] 

C D ,  Moderator. 

Received  of  E F ,  treasurer  of  school  district  No , 

the  amount  specified  in  the  above  order. 

G..  .   H.. 


110 


GENERAL   SCHOOL   LAWS. 


(316.) 

FORM  No.   11. 

Warrant  upon  Township  Treasurer  for  moneys  belonging  to  School  District. 
[See  Comp.  Sees.  No.  64,  69,  89,  201.] 

Treasurer  of  the  Township  of : 

SIB — Pay  to  A B ,  treasurer  of  school  district  No ....  in  said 

township,  the  sum  of 100  dollars,  out  of  [here  insert  the  par- 
ticular fund],  in  your  hands  belonging  to  said  district. 

Dated  at this day  of ,  19 

C D ,  Director. 

[Countersigned] 
E F Moderator. 

(317.) 

FORM  No.  12. 

Certificate  ~by  District  Board  to  Township  Clerk,  of  District  Taxes  to  be  Assessed. 
[See  Comp.  Sees.  No.  43,  52,  156.] 

Clerk  of  the  Township  of : 

The  undersigned,  district  board  of  school  district  No ,  township  of 

do  hereby  certify  that  the  following  taxes  have  been  voted  by  the  qualified  electors  of 
said  district,  during  the  school  year  last  closed,  under  the  provisions  of  sections  4665 
4674,  4778,  Compiled  Laws  1897: 

For  building  purposes    

For  repairs    

For  paying  indebtedness    

For  services  of  district  officers 

For  library   

For  apparatus    

Total  voted  by  the  district 

We  further  certify  that  the  following  taxes  have  been  estimated  and  voted  by  the 
district  board  under  the  provisions  of  section  4674,  Compiled  Laws  1897: 

For  teachers'  wages   

For  fuel    

For  incidental  expenses  

For   free  text-books 

For  flag  and  flag  staff 

For     

Total  estimated  and  voted  by  district  board 

Which  amounts  you  will  report  to  the  supervisor  to  be  assessed  upon  the  taxable 
property  of  said  district  in  accordance  with  the  provisions  of  law. 
Dated  at this day  of ,  19 

A B ,  Moderator. 

C D ,  Director. 

E F ,   Treasurer. 


FORMS   FOR   PROCEEDINGS.  Ill 


(318.) 

FORM  No.   13. 

Bond  to  be  given  ~by  the  Chairman  of  the  Board  of  School  Inspectors. 
[See  Comp.   Sec.  No.   71.] 

KNOW    ALL    MEN    BY   THESE    PRESENTS :       That   WC,    A B ,   the 

chairman   of   the   board   of    school    inspectors    of   the   township   of county 

of ,  and  State  of  Michigan,  and  C D and  E 

F [his  sureties]  are  held  and  firmly  bound  unto  the  said  township,  in  the 

sum  of  [here  insert  the  sum  of  double  the  amount  to  come  into  said  chairman's 
hands,  as  nearly  as  the  same  can  be  ascertained]  for  the  payment  of  which  sum  well 
and  truly  to  be  paid  to  the  said  township,  we  bind  ourselves,  our  heirs,  executors 
and  administrators,  jointly  and  severally,  firmly  by  these  presents. 

The  condition  of  this  obligation  is  such  that  if  A B ,  the 

chairman  of  the  board  of  school  inspectors,  shall  faithfully  appropriate  all  moneys 
that  may  come  into  his  hands  by  virtue  of  his  office,  then  this  obligation  shall  be 
void;  otherwise,  of  full  force  and  virtue. 

Sealed  with  our  seals,  and  dated  this day  of ,  19 

A B ,  [L.  s.] 

C D ,  [L.  s.] 

E F ,  [L.  s.] 

Signed,  sealed  and  delivered  in  the  presence  of 


I  approve  the  within  bond. 

(Signed.)  G H. ,  Township  Clerk. 

Justification  of  Sureties  in  the  foregoing  Bond. 

C D and  E F ,  the  sureties,  whose  names 

are  subscribed  to  the  above  bond,  being  duly  sworn,  each  for  himself,  says  that  he 
is  a  resident  in  said  township  and  is  worth  the  sum  specified  in  said  bond  over  and 
above  al!  his  debts  and  liabilities,  exclusive  of  property  exempt  from  execution. 

( Subscribed  and  sworn  to. ) 


(319.) 

FORM  No.  14. 

Appointment  of  District  Officers  lij  District  Boards. 
[See  Comp.  Sees.  No.  46,  125,  195.] 

The  undersigned,  members  of  the  district  board  of  school  district  No , 

township    of ,    do    hereby    appoint    A. .........  v< 

[director,   moderator,   or   treasurer,   as   the  case  may  be]    of   said  district  to  t 

vacancy    created    by    the     [removal,    resignation,    or    death,    etc.]    of    C 

D ,  the  late  incumbent. 

Dated  this day  of ,19 

G.'.'  .'H" 


112  GENERAL   SCHOOL   LAWS. 


(320.) 

FORM  No.  15. 

Appointment  of  District  Officers   by  School  Inspectors. 
[See  Comp.   Sees.  No.  46,   125.] 

The    undersigned    school    inspectors    of    the    township    of ,    do    hereby 

appoint  A B [director,  moderator,  or  treasurer,  as  the  case 

may  be]    of   school   district  No ,   in   said  township,   the  district  board  having 

failed  to  appoint. 

Dated   this dav  of ,   19 

C D , 

E F , 

G H , 

Board  of  School  Inspectors. 


(321.) 

FORM    No.    16. 

Notice   of   Meeting    of   Inspectors. 
[See  Comp.   Sec.   No.   31.] 

NOTICE. — A  meeting  of  the  board  of  school  inspectors  of  the  township  of 

,   will  be  held  at ,  on   the ....  day  of .' 19 .  .  .  . ,   at .... 

o'clock.  .  .  .INI.,  for  the  purpose  of  [here  insert  every  object  that  is  to  be  brought  before 
the  meeting,  and  if  for  the  purpose  of  changing  boundaries  of  districts,  state  the 
alterations  proposed.] 

Dated  this day  of ,   19'.  ... 

A B , 

Clerk  of  the  Board  of  School  Inspectors. 


(322.) 

FORM   No.    17. 

Certificate  to  be  given  to  the  Director  of  a  School  District,   by  the  Board  of  School 
Inspectors  'when  they  establish  a  Site. 

[See  Comp.   Sec.  No.   106.] 

The  inhabitants  of  school  district  No ,  township  of ,  having 

failed,  at  a  legal  meeting,  to  establish  a  site  for  a  schoolhouse,  the  board  of  school 
inspectors  hereby  certify  that  they  have  determined  that  the  said  site  shall  be  as 
follows  [here  insert  description.] 

Given  under  our  hands  this day  of ,  19 .... 

A B , 

C D , 

•       E F , 

Board  of  School  Inspectors. 


(323.) 

FORM  No.   18. 

Warrant  on  the  Township  Treasurer  for  Library  Honeys. 
[See  Comp.  Sec.  No.   132.] 

To  the  Treasurer  of  the  Township  of ,  County  of : 

SIR. — Pay  to ,  chairman  of  the  board  of  school  inspectors,  the  sum  of 


FORMS   FOR   PROCEEDINGS. 


113 


10°  dollars,  from  the  library  moneys  in  your  hands  or  to  come  into  your 

hands,  the  same  being  for  the  support  of  the  library  of  said  township. 

Dated   this day  of ,   19 .... 

A B , 

C-. D ,' 

E F , 

Toionship  Board  of  School  Inspectors. 

REMARK. — In  case  district  libraries  are  established  in  a  township  the  library  moneys  due 
such  districts  are  payable  on  the  order  of  the  district  officer.     (See  form  No.  11.) 


(324.) 


FORM   No.   19. 


Notice  by  the  Township  Treasurer  to  the  Township  Clerk  of  moneys  to  be  Apportioned 

to   Districts. 
[See  Comp.   Sees.  No.  89,  90.] 

To  the  Clerk  of  the  Township  of County  of : 

SIR. — I  have  now  in  my  hands  for  apportionment  to  the  several  school  districts  of 
this  township  the  following  moneys: 

Primary  school  interest  fund $ .  § 

Library  moneys  received  from  county  treasurer 

One-mill    tax     

Surplus  dog  tax 

District    taxes    

Special  funds    

Dated  this day  of ,   19 .... 

A B , 

Township  Treasurer. 


(325.) 


FORM  No.   20. 


Notice  ~by  the  Township  Clerk  to  the  Township  Treasurer,  of  the  Apportionment  of 

Moneys  to  Districts. 

[See  Comp.   Sees.  No.  80,  81.] 

To  the  Treasurer  of  the  Township  of ,  County  of : 

SIR. — Herewith  find  a  statement  of  the  number  of  children  of  school  age  in  each 
school  district  of  this  township,  entitled  to  draw  public  moneys,  and  the  amount  of 
moneys  apportioned  to  each  of  said  districts: 


Districts. 

No.  of  children  in 
district. 

Primary  school  in- 
terest fund. 

Library  moneys. 

One-  mill  tax. 

Surplus  dog  tax. 

District  taxes. 

Special  funds. 

.2 

-3 

JO 

I 

*4 

if 
£ 

District  Xo  1 

$  

$. 

$ 

$. 

$ 

$ 

$ 

District  Xo  2    fr'l     . 





Total  

$  

$... 

$  

$  

$  

$  

$  

Dated  this dav  of ,   19 


15 


B 


Township  Clerk. 


114 


GENERAL  SCHOOL  LAWS. 


(326.) 

FORM  No.  21. 

Notice  by  Toivnship  Clerk  to  Directors,  of  Honeys  belonging  to  the  Districts. 
[See  Comp.  Sec.  No.  81.] 

A B ,  Director  school  District  No .  . . . ,  Township  of : 

SIB. — The  amount  of  school  moneys  apportioned  to  school  district  No ,  town- 
ship of ,  is  as  follows : 

Primary  school  interest  fund $ 

Library  moneys  received  from  county  treasurer 

One-mill  tax   

Surplus  dog  tax    

District  taxes    

Special  funds 


Total     

Dated  this day  of ,   19. . 


B. 


Township  Clerk. 


(327.) 


FORM  No.  22. 


Certificate  by  the  Township  Clerk  to  the  Supervisor,  of  District  Taxes  to  be  Assessed. 

[See  Comp.  Sec.  No.  79.] 

Supervisor  of  the  Township  of ,  County  of : 

SIR. — I  hereby  certify  that  the  following  is  a  correct  statement  of  moneys  proposed 
to  be  raised  by  taxation  for  school  purposes  in  each  of  the  several  school  districts 
of  this  township,  as  the  same  appears  from  the  reports  of  the  district  boards  of  the 
several  districts  now  on  file  in  my  office: 


Districts. 

"S 

!« 

y 

For  building 
purposes. 

For  repairs. 

A    • 

>rt   02 

fcC® 

.S£ 

%£ 

p*o 

£ 

For  fuel. 

For  library. 

For  apparatus. 

For  incidental 
expenses. 

1 

I 

District  No.  1  

$  

$  

$  

$  

$  '... 

$  

$  

$ 

$  

$...«... 

District  No  2  fr'l 

Which  amounts  you  will  assess  upon  the  taxable  property  of  each  of  said  districts 
in  accordance  with  the  provisions  of  law. 

Dated day  of ,  19 

A D , 

Township  Clerk. 


FORMS   FOR   PROCEEDINGS.  115 

(•328.) 

FORM  No.  23. 

Deed  to  School  District. 
[See  Comp.   Sec.  No.   51.] 

KNOW    ALL    MEN    BY   THESE    PRESENTS  :     That    A B ,    and 

C D ,  liis  wife,  of  the  township  of ,  county  of 

,  and  State  of  . ,  party  of  the  first  part,  for  and  in  considera- 
tion of  the  sum  of 100  dollars,  to  them  paid  by  the  district  board  of  school 

district   No ,    of    the    township    of ,    county   of ,   and 

State    of   Michigan,    the    receipt    whereof    is    hereby    acknowledged,    do   hereby   grant, 

bargain,   sell,   and   convey  to  school   district  No aforesaid,  the  party  of  the 

second  part,  and  their  assigns  forever,  the  following  described  parcel  of  land  namely 
[here  insert  description] ;  together  with  all  the  privileges  and  appurtenances  there- 
unto belonging,  to  have  and  to  hold  the  same  to  the  said  party  of  the  second  part 
and  their  assigns  forever.  And  the  said  party  of  the  first  part  for  themselves,  their 
heirs,  executors,  and  administrators,  do  covenant,  grant,  bargain,  and  agree,  to  and 
with  the  said  party  of  the  second  part  and  their  assigns,  that,  at  the  time  of  the 
ensealing  and  delivery  of  these  presents,  they  were  well  seized  of  the  premises  above 
conveyed,  as  of  a  good,  sure,  perfect,  absolute,  and  indefeasable  estate  of  inheritance 
in  the  law,  in  fee  simple,  and  that  the  said  lands  and  premises  are  free  from  all 
encumbrances,  whatever;  and  that  the  above  bargained  premises,  in  the  quiet  and 
peaceable  possession  of  the  said  party  of  the  second  part  and  their  assigns,  against 
all  and  every  person  or  persons  lawfully  claiming  or  to  claim  the  whole  or  any  part 
thereof,  they  will  forever  warrant  and  defend. 

In    witness    whereof,    the    said    A B ,    and    C 

D ,  his  wife,  party  of  the  first  part,  have  hereunto  set  their  hands  and 

seals,  this day  of ,  19 .... 

A B ,  [SEAL] 

C D ,  [SEAL] 

Signed,  sealed,  and  delivered  in  presence  of 

E F , 

G H 

STATE   OF ) 

Us*. 
County  of ) 

On  this day  of ,   in   the  year   one  thousand  nine  hundred  and 

,   before  me,   I K ,   a ,   in  and   for 

said   county,   personally   appeared ...--,   and    .,   his   wife, 

to  me  known  to  be  the  same  persons  described  in  and  who  executed  the  within  instru- 
ment, who  severally  acknowledged  the  same  to  be  their  free  act  and  deed. 

Witness  my  hand  and  official  seal,  the  dav  and  year  last  above  named. 

"I ,...  K ,  [SEAL] 


(329.) 

FORM  No.  24. 

Lease  to  School  District. 
[See  Comp.  Sec.  No.  51.] 


KNOW    ALL    MEN    BY    THESE    PRESENTS :       That    A B ,    of    the 

township   of    ,   county   of    ,   and   State  of    ,   of 

first  part,  for  the  consideration  herein  mentioned,  does  hereby  lease  unto  school  dis- 
trict  No ,    in    the   township    of    ,    county   of . ,    and 

State  of  Michigan,  party  of  the  second  part,  and  their  assigns,  the  following  parcel 
of  land,  to  wit:      [Here  insert  description]   with  all  the  privileges  and  appurtenances 


116  GENERAL  SCHOOL  LAWS. 

thereto  belonging;  to  have  and  to  hold  the  same  for  and  during  the  term  of   

years  from  the   day  of   ,  10.  ...     And  the  said  party  of  the  second 

part,  for  themselves  and  their  assigns,  do  covenant  and  agree  to  pay  the  said  party 

of  the  first  part,  for  the  said  premises,  the  annual  rent  of dollars. 

In   testimony   whereof,   the   said   parties   have   hereunto   set   their   hands   and   seals 

this day  of ,  19 

A B ,   [SEAL] 

Lessor. 

C D , 

E '. ...   F ,   [SEAL] 

G H , 

District  Board  of  School  No of  the  aforesaid  Township. 

\ 

Signed  and  sealed  in  the  presence  of 

I K 

L M 


(330.) 

FORM  No.  25. 

Contract  for  Building  a  Schoolhouse. 
[See  Comp.  Sec.  No.  51.] 

Contract  made  and  entered  into  between  A B ,  of  the  town- 
ship of  ,  in  the  county  of  ,  and  State  of  Michigan,  and 

C D ,    E F ,    and    G H 

composing  the  district  board  of  school  district  No ,  of  the  township  of  

,  in  the  county  of ,  and  State  of  Michigan,  and  their  successors 

in  office. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is 

hereby  acknowledged,  and  of  the  further  sum  of  dollars,  to  be  paid  as 

hereinafter  specified,  the  said  A B hereby  agrees  to  build 

a schoolhouse,  and  to  furnish  the  material  therefor,  according  to  the 

plans  and  specifications  for  the  erection  of  said  house  hereto  appended,  and  at  such 
point  in  said  district  as  said  district  board  may  designate.  The  said  house  is  to  be 
built  of  the  best  material  in  a  substantial,  workmanlike  manner,  and  is  to  be  completed 
and  delivered  to  the  said  district  board  or  their  successors  in  office,  free  from  any 

lien  for  work  done  or  material  furnished,  by  the day  of  19 .... 

And  in  case  the  said  house  is  not  finished  by  the  time  herein  specified,  the  said 

A B shall  forfeit  and  pay  to  the  said  district  board  or  their 

successors  in  office,  for  the  use  of  said  district,  the  sum  of dollars,  and 

shall  also  be  liable  for  all  damages  that  may  result  to  said  district  in  consequence  of 
said  failure. 

The  said  district  board  or  their  successors  in  office,  in  behalf  of  said  district,  hereby 

agree  to  pay  the  said  A B the  sum  of dollars, 

when  the  foundation  of  said  house  is  finished;  and  the  further  sum  of  

dollars  when  the  walls  are  up  and  ready  for  the  roof;  and  the  remaining  sum  of 
dollars  when  the  said  house  is  finished  and  delivered  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sub-let,  transferred,  or  assigned 
without  the  consent  of  both  parties. 

Witness  our  hands  this   day  of 19 .... 

A..  .   B.. 


Contractor. 

C D , 

E F , 

G H , 

District  Board. 


FORMS   FOR   PROCEEDINGS.  117 


(331.) 

FORM  No.  26. 

Contract  between  District  Board  and  Teacher. 
[See  Comp.  Sees.  No.  56,  73,  126.] 

It   is   hereby   contracted   and   agreed  between   the  district  board   of   school   district 

No in  the  township  of    ,  county  of    and  State  of 

Michigan,    and    A B a    legally    qualified    teacher    in    said 

township  that  the  said  A B shall  teach  the  school  of  said 

district  for  the  term  of   months,  commencing  on  the day  of 

,  19....;  and  the  said  A B agrees  to  faithfully  keep 

a  correct  list  of  the  pupils,  grading  and  the  age  of  each,  attending  school  and  the 
number  of  days  each  pupil  is  present,  the  aggregate  attendance,  average  daily  attend- 
ance and  percentage  of  attendance,  and  to  furnish  the  director  with  a  correct  copy  of 
the  same  at  the  close  of  the  school  and  to  observe  arid  enforce  the  rules  and  regula- 
tions established  by  the  district  board. 

The  said  district  board,  in  behalf  of  said  district,  agrees  to  keep  the  schoolhouse 
in  good  repair,  to  provide  the  necessary  fuel  to  keep  the  schoolhouse  in  comfortable 

condition,   and   to   pay   said   A B for   the   said   services   as 

teacher,  to  be  faithfully  and  truly  rendered  and  performed,  the  sum  of 

dollars  per  month,  the  same  being  the  amount  of  wages  above  agreed  upon,  to  be  paid 

on  or  before  the    day  of 19 :     Provided,  That  in  case 

said   A B shall   be   dismissed   from   school   by.    the   district 

board,  for  gross  immorality  or  violation  of  this  contract,  or  shall  permit  h . . . .  certi- 
ficate of  qualification  to  expire,  or  shall  have  said  certificate  annulled  or  suspended 

by  the  county  board  of  school  examiners  or  other  lawful  authority,  h shall  not 

be  entitled  to  any  compensation  from  and  after  such  annulment,  suspension,  or 
dismissal. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names,  this day 

of 19.... 

C D , 

E F , 

G H , 

District  Board. 

A B , 

Teacher. 


118 


GENERAL   SCHOOL  LAWS. 


(332.) 
FORM  No.  27. 

Teacher's  General  Register. 
[See  Comp.  Sec.  No.  56.] 

REGISTER  of  the  school  taught  in  District  No.  .  .  .  .,  of  the  township  of  ,  in  the  county  of  .  .,  and 
State  of  Michigan,  for  the  term  commencing  on  the  day  of  19.  .  .  .,  and  ending  on  the  day  oi 
„  ,  19.... 

1 

STUDIES  PURSUED  BY  EACH  SCHOLAR. 

pn^fegX      * 

* 

faithful  and  correct  register  of  said  'school. 
A  B  ,  Teacher. 

;ified  by  the  teacher,  should  be  filed  with  the  director  of  the  district  immediately  after  the  close  of  the  school.  Each 
ays"  is  designed  to  embrace  the  number  of  days  present  each  week,  and  the  sum  of  days  present  during  the  term 

the  above  form  refer  to  "January  6"  in  the  left  hand  column  under  the  head  of  "attendance  in  days,"  etc.  The 
ach  pupil.  To  ascertain  the  "average  dailv  attendance"  divide  "total  days'  attendance,"  as  found  in  eighteenth 
was  taught  during  the  year  by  qualified  teachers.  To  ascertain  "  percentage  of  attendance,"  divide  "  average  daily 

the  teacher  is  required  to  certify  in  the  register,  before  placing  it  in  the  hands  of  the  director,  whether  or  not 
d  hygiene,  with  special  reference  to  the  effect  of  alcohol  and  narcotics  upon  the  human  system,  in  the  school  or 

'^U3VU 

-ui8AO{)    II  A  13 

* 

•^JO^SIH  "S  '£1 

•JtJttIUTBJ-9 

* 

'.£qdl3.lSo9£) 

* 

* 

•ORMnniiT 

* 

3 

-SUIIIJLJ& 

•Suipuaa 

* 

* 

* 

•IqdKdoinao 

* 

* 

* 

puawe  jo  aSt^uao  iaj 

-puawu  A"iiup  aSuaaAv 

a,    aoaspu^lZx 

S3 

00 

a 

ATTENDANCE  IN  DAYS  FOR  WEEK  COMMENCING. 

'       I 

'01  -£.n?njq8,jj 

« 

»     „ 

•g  A\mijq8  j 

(M 

CO               »Q 

•IZ  XiBnu«£' 

* 

- 

co 

'QZ  Xj'BnU'Bf 

* 

* 

^ 

•gT  ^J»:nu'BX» 

co 

-* 

'9  A'XBnU'Bf 

1C 

* 

CO 

PUPILS. 

'dS~V 

*- 

S 

o 

I  hereby  certify  that  the  above  is  a 

NOTE:—  The  above  register,  properly  cerl 
column  under  the  head  of  "attendance  in  d 
given  in  the  eighteenth  column  to  the  right 
The  words  "  for  weeks  commencing  "  in 
star,  thus  *,  denotes  the  studies  pursued  by€ 
column,  by  exact  number  of  days  the  school 
attendance"  by  total  number  pupils  enrolle 
Under  the  provisions  of  (4G80)  Section  15 
instruction  has  been  given  in  physiology  an 
grade  presided  over  by  the  teacher. 

NAME. 

pp 

- 

, 

•ON: 

r-l 

« 

co 

FORMS   FOR   PROCEEDINGS.  119 


(333.) 

FORM  No.  28. 

Notice  to  Parents  or  Guardians  in  Rural  Districts. 
[See  Comp.  Sec.  No.  217.] 

STATE  OF  MICHIGAN, 

County  of   

Township,   19 

To 

You  are  hereby  notified  that a  child  between  8  and  15 

years  of  age,  and  under  your  legal  control,  is  not  attending  the  public  school  in  your 
district. 

You  will  see  to  it  that presents self  with  the  necessary  text-books 

at  the  said  school  on  Monday  morning  next,  at  9  o'clock,  and  that shall 

continue  in  regular  attendance  for  at  least  8  half  days  during  each  week  for  a 
period  of  four  consecutive  months  previous  to  the  30th  day  of  June,  19 . .  . . ,  or 
during  such  part  of  said  four  months  as  may  yet  remain  previous  to  said  30th  day 
of  June. 

Yours  respectfully, 


Truant  Officer. 

(334.) 

FORM   No.   29. 

Notice  to  Parents  or  Guardians  in  Cities  having  a  regularly  constituted  Police  Force. 

[See  Comp.  Sec.  No.  217.] 

Michigan, 

19 

To  M 

#o St. 

You  are  hereby  notified  that    is  believed  to  be  over  7  and  under  15 

years  of  age  and  that is  not  atending  school  as  provided  for  by  the  act  under 

which  this  notice  is  sent,  and  you  are  hereby  notified  to  cause   said to  begin 

regular  attendance  next  Monday  at  the school. 

Respectfully, 


Supt.  of  Schools. 
Served..  ,    19 


Truant  Officer. 

(335.) 

FORM  No.  30. 

Notice  to  Truant  Officer  by  School  Officers,  Teachers  or  Residents  of  District. 
[See  Comp.  Sec.  No.  220.] 


Michigan, 
..19. 


To  the  Truant  Officer  of  Township   [or  city]   of   

SIR. — You  are  hereby  notified  that  the  following  named  pupils  residing  at 

St.,  are  liable  to  the  penalty  for  violation  of  the  law  for  compulsory 
attendance  at  school. 

I  trust  you  will  investigate  the  cases  at  once  and  learn  the  reasons  why  they  are 

not  in  school. 

Respectfully, 

A B 


INDEX. 


16 


INDEX. 


The  references  are  to  compiler's  sections. 

ABSTRACTS : 

of    school    inspectors'    reports 17 

ACADEMIES   AND    INCORPORATED    EDUCATIONAL   INSTITUTIONS  : 

with  whom  to  file  certain  reports 171 

ACCEPTANCE    OF   OFFICE: 

neglect  to  file  vacates  office 45 

certain,    filed    with    and    recorded    by   director 48,    125,    193 

penalty  for  failure  of  district  officer  to  file 144 

ACCOUNTS : 

director  to  keep,   of  expenses 64,  126 

inspectors  to  render,  to  township  board 74 

of   members   of  board   of   school   examiners,   with   whom  filed..  185 

ACTION  : 

against  school  districts,  how  brought,  etc 99-105 

relative    to    obtaining    school-house    site .  106-20 

ADJOURNMENTS  : 

of    district    meetings ' %. 43 

of    proceedings    to    obtain    school-house    site '......        116 

ADMISSION  OF  PUPILS: 

resident     61 

non-resident     62 

to    high    schools 126 

to    Agricultural    College 159 

to  kindergarten 162 

to   Normal   school 248 

AGE: 

at    which    children    may    attend    school 61.    162,    191 

at    which    education    is    comnulsory 215 

AGENTS  FOR  SCHOOL  BOOKS,  ETC.  : 

officers,    tea  chers.    etc.,    not    to    act    as 151,   186 

AGRICULTURAL  COLLEGE  COURSE : 

who  to  prepare,   for  district  schools 159 

AGRICULTURAL    SCHOOL  : 

to   be   provided 

admission  of  pupils  to  freshman  class  of 

duties    of    secretary    of 

examinations   for   admission   to 189,    190 

ALIENS  : 

not   eligible   to   office 47 

ALTERATION  : 

in   boundaries   of  districts 31-3- 

of  school-house  sites 

in  boundaries  of  graded   school  districts 

of   boundaries    of   township    school    districts 206 

ANNUAL    MEETING: 

(See  District  Meetings. > 

ANNULMENT    OF    CERTIFICATES: 

by  faculty  of  University 

by    State    Board    of    Education 173.    246.    247.    2", 

by   county   board   of   school    examiners 182 

APPARATUS : 

director  authorized  to  purchase 43 

tax  may  be  voted  for  purchase  of 43 

APPEAL : 

how    mode    from    decision    of    insoectors   to    district    board 121-123 

APPENDAGES  TO   SCHOOL-HOUSE: 

tax  may  be  voted  to  provide 

to  be  provided  by  director 64 


124  INDEX. 


The  references  are  to  compiler's  sections. 
APPOINTMENT : 

of  State  officers  in  case  of  vacancy 

deputy  superintendent  of  public  instruction 18 

of  building  committee,  for  school-house  site 43 

duties   of    43 

clerk   of  district   meeting   in   director's   absence 43,  194 

district  officers  in  case  of  vacancy 46 

person    to    take    school    census 65,  198 

district   trustees  in   case  of   vacancy.  .  ..> 125,   195 

librarian  of  township  library 134 

member  of  board  of  school  examiners  in  case  of  vacancy 176 

county  commissioner  of  schools  in  case  of  vacancy 187 

conductor  of  teachers'   institutes •„....        210 

of  truant  officers 216 

APPORTIONMENT  : 

of   primary   school    interest   fund 20-22 

of  property   on   division   of   district 35,    36,   208 

by  township  clerk  of  moneys  to  districts 80 

of  moneys  raised  by  taxes 81 

township   treasurer's   duties   relative   to 81 

on    division    of    districts,    of    moneys 88,  206 

of  one-mill  tax 83 

division  of  district,  of  tax  assessed  before  and  collected  after 88 

in    fractional    districts,    of   moneys   collected 91 

of   library   moneys 140 

ASSESSMIONT  OF  TAXES  : 

(See    Taxes.) 
ASSESSOR  : 

(See    Treasurer.) 
ASSOCIATIONS  FOR  ESTABLISHING  LOAN  FUNDS: 

number  that  may  incorporate 271 

manner   of    incorporation 272 

articles  of  association,  what  to  contain 273 

classification    of    members 274 

officers,  duties  and  terms  of  office  of 274 

funds  of,  how  used 275 

election  of  officers,  when  held 276 

when  articles  of  association  to  be  evidence 277 

ASSOCIATIONS  : 

teachers    may    form 299-231 

ASYLUMS:   . 

for  d^af,  dumb  and  blind,  to  be  supported 13 

ATTACHMENT  : 

to  enforce  attendance  at  certain  proceedings 110 

ATTENDANCE : 

of   jurors   and   witnesses   on   certain   proceedings 110,    111 

BALLOT : 

election   of  officers   to  be  by 44,   95.    124,   192 

form   of.  used   at  special   election  to  decide  question  of  rural   high  schools 295 

BLANK   FORMS  : 

for    school    proceedings     .  .  306-36 

BLIND  : 

institutions   for.   to  be  provided   and   supported 13 

BOARD.    DISTRICT: 

(See  District  Board.) 
BOARD     OF     EDUCATION : 

qualifications  of  certain  teachers,  may  hire 303 

(See    State   Board   of   Education.) 
BOARD    OF    INSPECTION  : 

at  election  to  vote  on  issuance  of  bonds,  who  to  constitute..  95 

BOARD   OF    INSTRUCTION  : 

of  State  Normal  school,  may  grant  certificates.  ...  .  .246,  247 

BOARD  OF  LIBRARY  COMMISSIONERS  : 

(See   State   Board   of   Library   Commissioners.) 
BOARD    OF    REGENTS: 

of  University,  to  be  body  corporate 10 

BOARD    OF    SCHOOL    EXAMINERS : 

(See    County    Board    of    School    Examiners.) 
BOARD    OF    SCHOOL    INSPECTORS  : 

(See  Township  Board  of  School  Inspectors.) 
BOARD  OF  TRUSTEES  : 

of  graded  school  district,  election  and  term  of  office  of 124 

officers   of,    how   elected,    etc '. 125 

vacancy  in  office  of,  how  filled 125 

powers   and   duties   of 126,    168 

consent  of.  to  be  obtained  in  alteration  of  district 127 

financial  statement  of  district  to  be  published  by 168 

penalty   for  neglect  of  duties 169 

may  establish  day  schools  for  the  deaf 283 

of  rural  high   schools,  when  and  how  elected 296 

term   of  office 296 

who  to  be  clerk  of 296 

who  to  be   treasurer 296 


INDEX.  125 


The  references  are  to  compiler's  sections. 
BOARD  OF  TRUSTEES— Continued. 

meetings   of,    when   held 297 

special,    now    called     297 

powers  of 297 

salary  and  duties  of  secretary  of 298 

BOARD,  TOWNSHIP  : 

(See  Township  Board.) 
BOARDS : 

authorized  to  examine  teachers,  to  collect  fees 207 

BONDS : 

of  assessor,  by  whom  approved  and  where  filed 69 

of  chairman  of  board  of  school  inspectors,  where  filed,  etc 71 

two-thirds  vote  required  to  raise  money  and  issue,  in  school  districts 95 

limitations  as  to  amount  and  time  to  run 95 

tax   may   be   voted   to   redeem 97 

how  may  be  paid 98 

liability  of  county  treasurer  on 113 

appellants   from   inspector's  action   to  give 122 

county  commissioner  of  schools  to  file .• 177 

treasurer  of  township   board   of  education   to  give 194 

amount  of,  of  treasurer  of  State  Board  of  Education 251 

BOOKS : 

who  to  adopt,   for  rural  high  schools 297 

(See  Record  Books,  Library  Books  and  Text-books.) 
BOUNDARIES  : 

notice   of   formation   of   school   district   to   contain 25 

when    inspectors    may    alter,    of    school    districts 31 

who  to  cause  map  made  showing,  of  school  districts 78 

where    filed    78 

when  new  one  to  be  made 78 

consent  of  trustees  necessary  to  change,  of  graded  school  districts 127 

procedure  on  change  of,  of  township  school  district 206 

BUILDING  COMMITTEE  : 

voters  may  appoint,  for  school-house  and  prescribe  duties 43 

BUILDINGS  : 

(See  School-houses.) 
BY-LAWS  : 

(See  Regulations.) 
CENSUS    OF    SCHOOL    DISTRICTS: 

time  of  taking  not  to  be  changed 37 

when   and   how   taken 65,  198 

CENTRAL  NORMAL  SCHOOL: 

an  act  to  establish 259-261 

CERTIFICATE  : 

district  board  to  deliver  to  township  clerk,  of  taxes  to  be  assessed 53 

of  instruction  in  physiology,  when  filed  by  teacher 58 

copy  of,  to  be  filed  by  director  with  township  clerk 

to  supervisor,  of  taxes  to  be  assessed  for  school  purposes 78,  85,  199 

of  court  in  proceedings  to  obtain  site,  what  to  contain Ill 

when  certain  teacher's,  to  be  filed  with  commissioner  of  schools 258 

CERTIFICATES    OF    QUALIFICATION    TO    TEACHERS: 

non-possession    of,    makes    contract    invalid 

when  faculty  of  University  may  issue '. 172 

when,   may  be   suspended  or  revoked 172,   182,   246,   247,   255 

when  board   of   school   examiners   may   renew,   without   examinations . . 

how,  must  be  signed '.        180 

different  grades  of   

requisite    qualifications    to    obtain - 

list  of  teachers  having,  to  be  furnished  township  clerk 

record  of,  to  be  kept  by  county  commissioner  of  schools 183 

fee  to  be  paid  on  obtaining 207 

when  granted  to  pupils  of  Normal  school 246,  262 

State  Board  of  Education  may  issue 255,  262,  263 

CHAIRMAN  : 

duties  of,  of  first  meeting  of  district ' 25 

of  district  meeting  to  give  oath  to  challenged  voter 41 

may   arrest   disorderly   persons 42 

may  be  appointed  in  absence  of  moderator . 

whpn   and   how.   of  board   of  school   inspectors  elected 

who  not  to  be  elected  as ?  • 

to  give  bond    

penalty  for  neglect  of,  of  first  meeting  of  district  to  perform  duties 

duties  of,  of  board  of  school  inspectors  relative  to  the  supervision  of  schools 

compensation  of,   of  board  of  school  inspectors ^ 216 

CHALLENGE : 

of  voter  at   district   meetings 

of  juror  in  proceedings  to  obtain  site 110 

CHILDREN : 

when  census  list  of  school,  to  be  taken 65,  IE 

compulsory    education    of , 215-220 

duties  of  police  officers  relative  to  certain 216-220 

how   admitted    to   rural    high    schools 297 

(See  Pupils.) 


126  INDEX. 


The  references  are  to  compiler's  sections. 

CLASSIFICATION  OF  PUPILS  : 
(See  pupils.) 

CLERK : 

director  to  be,   of  district 

township    clerk   to    be.    of   board   of    school    inspectors 70,  76 

who  to  be,  of  district  board  of  education 194 

who  to  be,  of  board  of  trustees  of  rural  high  schools 296 

(See  County  and  Township  Clerk.) 

COLLECTION  : 

relative   to   the,   of  school   taxes 82-9. 

of   judgments   against    districts 101-105 

of  fines  for  injuring  library  books 133 

of  penalties 146,  147,  149,  165,  170 

of  damages  for  not  reporting  and  assessing  taxes 149 

of  institute  fees  from  teachers 207 

COLLEGE    OF    MINES: 

entitled  to  report  of  Superintendent  of  Public  Instruction 289 

COMMISSIONER    OF    SCHOOLS: 

persons  desiring  to   teach   to   file  certificate   with '. 258 

COMMITTEE    ON    BUILDING  : 

voters    may    appoint    and    prescribe    duties 43 

COMMUNICABLE   DISEASES  : 

methods  of  prevention  to  be  taught  in  schools 164-167 

COMPENSATION  : 

of    officers    of    school    district 43,    126,    205 

teachers',    how   paid,    etc 56,    126,    198 

of  inspectors  for  meeting,   limited 75 

for   school-house   site   determined   by   jury 

in  proceedings  to  obtain  site,  of  officers  and  jury 

county  board  of  school  examiners,  of  members 185 

of  county   commissioner  of  schools 185 

of  members  of  township  board  of  education ^ 205 

of   truant  officers 216 

of   township   officers    228 

of  township  clerk   228 

State  Board  of  Education,  of  members 254 

COMPULSORY    EDUCATION: 

school  boards  may  furnish  books  in  certain  cases 59 

children   exempted    215 

age  for,  of  children 215 

length  of  time  to  be  sent  to  school 215 

penalty  for  failure  to  comply  with  law 217 

establishment  of  ungraded  schools 218 

when  certain  children  to  be  sent  to 219 

who  considered  truants  under  act > 219,  221 

when  children  to  be   sent  to   reformatory   institutions 222 

CONDUCTOR : 

who  to  be.  of  teachers'  institutes 210 

CONSOLIDATION  OF  DISTRICTS  : 

(See  School  Districts:  also  Township  Board  of  School  Inspectors.) 

CONSTITUTIONAL   PROVISIONS  : 

State  officers  to  be  elected 

where   to    keep   offices 

term   of  office    

vacancy,   how   filled    3 

duties  of  Superintendent  of  Public  Instruction 4 

what   to   constitute   school    funds 

lands  escheating  to  State  to  be  applied  to  school  funds , 6 

free   schools   to   be   maintained 7,8 

how  districts  may  be  deprived  of  public  moneys 

regents  of  University,   how  elected 

vacancy    in    office    of,    how    filled 

to   be   body    corporate 10 

to   elect    a    president 

powers  and  duties 11 

State   Board    of   Education,    how   elected 12 

term    of   office 12 

to  have  care  of  Normal  school 12 

dxities,    how   prescribed 

institutions  for  deaf,  dumb  and  blind  to  be  maintained 

agricultural    school    to   be   provided 14 

school  libraries  to  be  provided 15 

certain  taxes  to  be  applied  to  school  funds 16 

CONTRACTS : 

with  teachers   56,  126,  198 

CORPORATE  POWERS  : 

of  organized  school   districts 30 

of    teachers'    associations 231 

of  State  Board  of  Education '. 241 

of  associations  for  establishing  loan  funds 272 

CORPORATIONS  : 

teachers    may    form    229-231 


INDEX.  127 


The  references  are  to  compiler's  sections. 

COUNTY  BOARD  OF  SCHOOL  EXAMINERS: 

county  clerk's  duties  in  relation  to  election  of 176 

election  and  term  of  office  of 176 

to  file  oaths  of  office 170 

vacancies   in,    how   filled . 176,  187 

schedule   of   meetings   for   special   examinations   to   be   published f . . . .  179 

may   hold    special    meetings ]  79 

meetings    of,    for    examination    of    teachers 179 

to  whom  may  grant  certificates 180 

grades  of  certificates   issued   by 181 

may    suspend    or    revoke    certificates „, .  182 

compensation    of   members    of .  185 

when  officers  in  certain  districts  may  examine  teachers 188 

what  schools  exempt  from  supervision  of 188 

(See  Chairman  of  Board  of  Inspectors  and  County  Commissioner  of  Schools.) 

COUNTY   CLERK: 

to  receive  and  dispose  of  communications  of   State  superintendent 92 

apportionment  of  moneys,   duties  of,   relative   to 93,  139 

duties  of  relative  to  inspector's  reports 93,  147,  197 

duties  in  proceedings  to  obtain  site 114,  115 

election  of  school  examiners,  duties  of,  relative  to 176 

duties  of,  relative  to  election  of  county  commissioner  of  schools 177 

to  draw  order  on  county  treasurer  for  institute  moneys 211 

duties  of,  relative  to  distribution  of  laws,  etc 291,  292 

COUNTY  COMMISSIONER  OF   SCHOOLS: 

when  and  how  elected 176 

to   file  bond   and   acceptance   of  office 176 

term    of   office   of 177 

who  eligible  to  office  of 178 

to  hold  certain  examinations 179 

to  prepare  schedule  for  examinations 179 

may   renew   certificates 180 

certificates  to  be  signed  by 180 

may  grant  special  certificates 181 

powers  and  duties  of 183 

to  keep  record  of  examinations 183 

to  counsel   with   teachers 183 

what  annual  reports,  to  receive 183 

to  receive  institute  fees 183 

to  receive  instructions  from  Superintendent  of  Public  Instruction 183 

who.  to  furnish  list  of  teachers 183 

duties  relative  to  visiting  schools 183 

compensation  of    185 

expenses  audited  by  board  of  supervisors 

not  to  act  as  agent  for  school  books,  etc 

vacancy   in  office  of,   how  filled 1 87 

duties  of,  relative  to  examination  of  candidates  for  Agricultural  College 189,  190 

duties  of,  relative  to  distribution  of  laws,  etc .291,  292 

to  whom  to  transmit  lists  of  public  libraries 305 

COUNTY    INSTITUTES: 

(See  Teachers'  Institutes.) 

COUNTY  TREASURER: 

statements   of   apportionment   filed   with 93,  139 

to  apply  to   State  Treasurer  for  certain  moneys 

township  moneys  to  be  paid  township  treasurer  by,. 

to  whom,  to  give  notice  of  apportionment  of  school  moneys , 94 

liability  of,  on  bond 

'     money   for   school-house   site   deposited   with .' 113,  1 

apportionment  of  library  moneys  to  be  made  by 

to   set  apart   institute  fees  as  institute  fund 208 

teachers'  institute  fund  to  be  paid  by,  on  order  of  clerk 211 

vouchers  for  payment  at  teachers'  institutes  to  be  filed  with 214 

COURSE    OF    STUDY: 

who    to    prescribe,    for    schools »°»  1-J> 

Agricultural  College,  to  be  prescribed  for  district  schools 

uniformity  of,   in  normal  schools ^o J 

who    may    prepare   and    publish    certain •  •  •  289 

who  to  provide,  for  rural  high  schools -•*  * 

by    whom    approved -  J ' 

CRIMES  AND  OFFENSES: 
(See  Penalty.) 

DAMAGES  : 

who  to  prescribe  penalty  for,  to  library  books » i«*j> 

to  be  collected  from  certain  officers  for  neglect  of  duties 

DAY  SCHOOLS  FOR  THE  DEAF:  00_ 

shall    be    established ~°* 

to  report  to  Superintendent  of  Public  instruction •  •  j%* 

duties  of   State  Treasurer   in   regard  to ^8&»  %~™ 

system  to  be  used   in * 5° ' 

teachers    employed    in -£ ' 

who  may  attend    ZO8 

DEAF.    DUMB    AND   BLIND:  , 

institutions  for,   to  be  provided,   etc 


128  INDEX. 


The  references  are  to  compiler's  sections. 

DEED: 

for  school-house  site  to  be  obtained  before  building 51 

DELIVERY  OF  BOOKS,  ETC.,  TO  SUCCESSOR  IN  OFFICE: 

by  Superintendent  of  Public  Instruction 

by  district  officers 64,  CD 

DEPUTY    SUPERINTENDENT    OF    PUBLIC    INSTRUCTION  : 

appointment  and  duties  of IS 

DIAGRAM  : 

(See  Maps.) 

DIPLOMAS  : 

of   graduates    of    State    Normal    school 246,    247,    262,  263 

DIRECTOR : 

notice   of   first   meeting   to   be   recorded   by 

to    keep    records    relative    to    organization    of    district 20 

to   be   notified   of   alterations   of   district 34 

appointment  of  clerk  in  absence  of 

election   and   term  of   office  of 44,    125,  192 

appointment   of,   in   case  of  vacancy 

record  of  acceptance  of  office  to  be  kept  by 48 

acceptance  of  office  of,   where   and   by   whom   filed 48,  125 

to  be  member  of  district  board 49 

register  of  school  to  be  furnished  to 56 

to  have  custody  of  school-house,  etc 57 

to  file  certificate  of  instruction  in  physiology  with  township  clerk 

to   draw   and   sign   warrants,    orders,   etc 64 

to  be  presented  to  moderator  to  be  countersigned 64 

to  give  notice  of  meetings 64 

account  of  expenses  to  be  kept  by 64 

school-house  to  be  kept  in  repair  by 64 

to  provide  appendages  for  school-house 64 

to  present  estimates  at  annual  meetings 64 

accounts    of,    how    kept,    audited,    etc 64.  12(5 

to    be    clerk    of    district 64,  194 

census  list  to  be  filed  with  township  clerk  by 65 

annual    school    census    to    be    taken    by 65 

to  make  reports  to  inspectors 67 

reports  of,   to  be   filed   with   township   clerk 67 

of   fractional    district,    to   whom   to    report 68 

and  moderator  to  approve  bond  of  treasurer <li> 

to  be   notified  of  apportionment  of   school   moneys 81 

and    moderator    to    certify    payments    to    supervisor 84 

at  election  to  issue  bonds,  to  be  member  of  board  of  inspection 95 

and  moderator  to  execute  bonds  of  district 96 

treasurer  to  certify  to,  judgment  against  district 102 

to    be   notified    of    site    fixed    by    inspectors 106 

penalty   for   neglect   to   accept   office   or   perform   duties 144 

may   be    removed    by   township   board 150 

DISORDERLY    PERSONS: 

to    be    taken    into    custody 42 

juvenile,    who   to   constitute. 219,  221 

DISTRIBUTION    OF    MONEYS: 
(See   Apportionment.) 

DISTRICT    SCHOOL: 

(See  School  District.) 

DISTRICT    BOARD: 

to    call    meetings    of    district 38 

school  to  be  provided  by 

how,    may   determine    certain   matters,    when   meetings    fail 43,  199 

election  and  term   of  office   of 44,    124,  192 

vacancy    in.    what    to    occasion w 45 

how   filled    .• .  • 46,    125,  195 

who    eligible    to    office    in 47 

acceptance  of  office  by   members 48.    125,  193 

who  to  constitute 49,  124,  192 

certain  books,  blanks,  etc.,  to  be  purchased  by 50 

when,  may  sell  certain  property  of  district 51 

site  for  school-house  to  be  leased  or  purchased  by 51,  198 

to   estimate   amount   for   support   of   schools *. 52 

to  report  taxes  to  be  assessed 53 

moneys  to  be  applied  by.  according  to  law 54 

not  to  pay  money  to  unqualified  teachers 54 

to  make  statement  of  finances  at  annual  meeting 55,  202 

teachers  to  be  hired  by 56,  126 

to  provide  for  water  supply 57 

when  to  exclude  public  meetings  from   school-house 

to  have  care  of  school-house  and  property 57 

to  provide  for  instruction  in  physiology 58 

to  prescribe  text-books  and  courses  of  study 58 

to    purchase    books    for    indigent    pupils 59 

may  suspend  or  expel  disorderly  pupils 60 

to   establish    rules,    etc.,    for   school 60,  198 

to    classify    pupils    61,  1 26 

may  admit  non-resident  pupils  to  school 62 

rates  of  tuition  for,  how  fixed 62 


INDEX.  129 


The  references  are  to  compiler's  sections. 

DISTRICT   BOARD— Continued  : 

director  to  be  clerk  of 64,  194 

to  appoint  persons  to  take  school  census 65,  198 

when  may  issue  bonds 96 

to  apply  for  jury  in  suit  to  obtain  site. 107 

to   be   trustees    in   graded    school    districts 124-127 

district    library    to    be    managed    by 136,  198 

may   donate   or  sell   books   to   township   library 142 

kindergartens  to  be  provided   by 160-3 

financial   statement  of  district  to  be  published  by 168 

United   States  flag  to  be  provided  by 170 

to  be  trustees  in  township  school  districts 192 

when  day  schools  for  deaf  may  be  provided  by 283 

qualifications  of  certain  teachers,  may  hire 303 

(See  District  Officers.) 

DISTRICT    LIBRARIES: 
(See  Libraries.) 

DISTRICT    MEETINGS  : 

notice  of,  on  formation  of  new  district 25,  191 

when    annual,    to    be    held 37,  194 

when    special,    may    be    called 

notice  of,  to  indicate  the  business 38 

notice  of.  what  to  specify 38,  39 

who    eligible   voters   at 40 

relative  to  challenging  voters  at 41 

penalty  for  disorderly  conduct  at 42 

to   give    directions    regarding   suits 43 

to   direct   sale   of   property    43 

powers   of   annual    43,  126 

when    clerk    and    chairman   may   be   appointed   at 43,  194 

what  board  to  determine  in  case  of  failure  of  certain 43, 199 

limit    of    taxes    that    may    be    voted    at „ 43,  199 

officers   to   be   elected   at 44,    124,    192 

to   fill    vacancy    in   district    office 

board  to  make  financial   statement  to  annual 

to  determine  uses  of  school-house    

moderator  to  preside  at 

proceedings  of,   to  be  recorded 

director  to   give   notice  of 

estimates   of   expenses   to   be   made   to   annual 64,  202 

may  vote  on   issuance  of  bonds 

may  vote  tax  to  pay  money  borrowed      

voters  at,  may  designate  site 106 

DISTRICT    OFFICERS: 

compensation  of ". 43,  64,  2( 

election    and    term    of    office    of 44,    124,    1 

when   may   be   appointed 46,    125,    194 

who  eligible  to  election  as „      47 

acceptance   of  office   of 48,  12o,  11 

penalty    for   neglect   to    accept   office    or    perform    duties 

may  be  removed  by  township  board - 

(See   Treasurer,    Director,    Moderator   and   District   Board.) 

DISTRICT    SCHOOLS: 
(See   Schools.) 

DISTRICT    TAXES: 
(See   Taxes.) 

DISTURBING  DISTRICT  MEETING  OR  SCHOOL  : 

penalty   for    42,  60 

DIVISION    OF    DISTRICT: 

(See   School   District;   also  Township  Board  of  Inspectors.) 

DOG    TAX. 

apportionment   of,    surplus /4U 

DRAWING    TEACHERS : 

act   to   define   qualifications   of 8ws-§ 

EDUCATION  : 

constitutional    provisions    relative    to 

ELECTION  : 

of  State  officers,  when  held,  etc £ 

of  State  Board  of  Education 

who   legal   voters  at,   in   school   district •  •  •  •  • 

when,   of   district   officers   held 44,  125,  19- 

if   not   held,    inspectors   to   appoint   officers 4b,  12o 

who   eligible   to,    in   school    district *•, 

regulations  at.  to  vote  on  issuance  of  bonds ™ 

of  members  of  county  board  of  school  examiners •  •        1'Jj 

of    school    inspectors     -^4'   --? 

for  submitting  question  of  rural  high  schools,  where  held -™ 

form  of  ballot  used  at ~y° 

ELECTORS :  .      An 

who  are  qualified *" 

when  question  of  rural  high  schools  submitted  to ^y4 

ELIGIBILITY  TO  OFFICE:  ,_ 

in  school  districts 

17 


130  INDEX. 


The  references  are  to  compiler's  sections. 

EMPLOYMENT  : 

of  teachers    56,   126,  161,  198 

of  persons  to  take  school  census 65 

of  officers,  etc 126 

ENGLISH    LANGUAGE : 

instruction    to   be    conducted    in 7 

ENUMERATION    OF    CHILDREN  : 
(See  Census.) 

EQUALIZATION    OF   TAXES  : 
(See  Taxes.) 

ESTIMATES : 

of  amounts  to  be   raised   by   tax 52,  64,   19$ 

EVIDENCE : 

of  organization  of  district 

in  proceedings  to  obtain  site , 107 

of  regularity   in   proceedings  to   remove   officers 150 

EXAMINATION: 

of    proposed    site    by    jury U 1. 

meetings    for,    of    teachers 179 

of  teachers  by  county  board  of  examiners : 179.   180,  188 

questions   for,   of   teachers 

of  inspectors   reports  by   county  commissioner 

of  teachers  by  officers  in  certain  districts 188 

of  applicants  for  admission   to   Agricultural   College 189,   190 

fees   to   be   collected   from    teachers   for 207 

of   teachers   by    State   Board   of   Education 255 

of    applicants    for    State    certificates 255 

EXAMINERS  : 

of   teachers   to   collect    fees 207 

to   pay   same   to   county   treasurer 208 

(See  County  Board  of  School  Examiners.) 

EXECUTION  : 

not   to   issue   against   school   district 101 

EXPENSES  : 

incidental,   estimated  by  board 

of   directors,    how   paid 64,  126 

estimates   of,    to   be   presented   at   annual    meeting 64,  202 

inspector's,    limited    75 

of  commissioners  limited    185 

how   paid    • 185 

teachers'  institutes,  how  paid 211 

State  institute,  how  paid 213 

vouchers  for,  of  teachers'  institute,  where  filed 214 

FEES: 

to  be  paid  by  teacher  on  obtaining  certificate 207 

disposition  of,  collected  by  director  and  secretary 208 

FEMALES  : 

may  vote  at  school  district  meetings 40 

eligible  to  district  offices 47 

FINES : 

how  applied,  for  breach  of  penal  laws 

for  disturbing  district  meeting ^ 

for  disturbing  school    60 

on   census   enumerator   for   making   false   returns 66 

giving    false    information    to    census    enumerator 66 

for   damages    to    library    books 133 

apportionment  of,  for  breach  of  penal  laws 140 

(See  Penalties.) 

FLAGS : 

who  to  purchase  U.  S.,  for  schools 170 

FORFEITURES  : 

(See  Penalties.) 

FORMATION  : 

of     teachers'     associations 229-31 

of  districts.      (See  School  Districts  and  Township  Board  of  Inspectors.) 

FORM  OF  OATH  : 

of  challenged  voter    41 

FORMS,  BLANK  : 

sections     306-36 

(See   Appendix.) 

FRACTIONAL    DISTRICTS  : 

(See  School  Districts;  also  Township  Board  of  Inspectors.) 

FREE   SCHOOLS: 

to   be   provided 7,  191 

FREE  TEXT-BOOKS  : 

(See  Text-Books.) 

FUNDS : 

educational     5,  6 

library     1  ."> 

teachers'   institute    208 

of  associations  for  establishing  loan 27.") 

for  maintaining  day   schools   for  the   deaf 285,  286 


INDEX.  131 


The  references  are  to  compiler's  sections. 

GRADED  SCHOOL  DISTRICTS: 

annual  meeting  of    37 

notice    of    intention    to    organize 124,  128 

election  and  term  of  office  of  trustees  of 124,  128 

officers  of,  to  be  elected  by  trustees 125 

powers   and   duties   of   trustees 125,  126 

not  limited  to  nine  sections  of  land .. 127 

consent  of  trustees  to  be  obtained  to  alteration  of  boundaries 127 

two   or   more   contiguous   districts   may   organize 128 

change  of,   to  primary  district 129 

publication   of   financial   statement   of 168 

(See   School   Districts.) 

GRADING  : 

of  pupils  not  prevented  in  any  district _    61 

in  graded  school  districts 126 

GRADES    OP    CERTIFICATES: 

of    teachers    181 

HIGH  SCHOOLS: 

may  be  established  in  certain  districts 126 

act   to   establish   rural 294-301 

(See  Graded  School  Districts.) 

INCIDENTAL    EXPENSES  : 

estimated  by  district  board 52 

INDEBTEDNESS  : 

of   districts 95 

(See  Bonds.) 

INDIANS  : 

when   children  of,   not   included  in  census 65 

INHABITANTS    TAXABLE  : 

(See   Taxable    Inhabitants.) 

INSPECTION,     BOARD     OF : 

(See  Board   of  Inspection.) 

INSPECTORS,   BOARD   OF   SCHOOL: 

(See  Township  Board  of  School  Inspectors.) 

INSTITUTE  : 

(See  Teachers'  Institutes.) 

INSTITUTIONS  : 

for  deaf,   dumb   and  blind  to  be  provided 13 

INSTRUCTION  : 

to  be  conducted   in   the  English   language 

who   to   have  general   supervision  of 17 

INSURANCE   MONEYS: 

how  used    257 

INTEREST : 

apportionment    of,    on    State    funds 5,  6,  20 

on   bonds   limited 

tax   majy  be   voted   to   pay 

on  judgment  against  district 105 

on   moneys  lost   by   certain   officers 146,   147 

JOINT  MEETINGS  : 

of    township    boards    of    school    inspectors 27 

of   township   boards    121,  206 

JUDGE  OF  PROBATE  : 

to   participate   in   filling  vacancy   in  board  of  examiners 176 

JUDGMENTS  : 

assessment   of   taxes   for   payment   of 

and    suits   against    school    districts,    sections   relative   to 99-105 

execution   not   to   issue   on 

when    rendered    in    proceedings    to   obtain    site 

JURISDICTION  : 

justices    to    have,    in    actions    against    districts 

JURY  : 

board  may  apply  for,  in  proceedings  to  obtain  site .1Q7-111 

JUVENILE  DISORDERLY  PERSONS : 

penalty  for  failure  of  parent  or  guardian  to  send,   to  school 217 

to    be    sent    to    ungraded    schools 218,  2 

who   deemed,    or   truants 219,  221 

proceedings  against  parents  of,  for  neglect  of  duty ^20 

KINDERGARTEN : 

duty  of  district  board  relative  to •  •  •  •        ; 

qualifications     of,     teachers 161,   30J-dU4 

children   entitled   to  attend    Jjj 

act  to  apply  to  other  schools 

LAND  : 

limit  of  tax  on,  for  building  school-house 

when,    not    taxed    for A-  1  o<i 

proceedings    to    obtain,    for    school-house    site 107-120 

LAWS,  DOCUMENTS,  ETC.  : 

relative  to  schools  to  be  published,   and   to   whom   furnished •  •          l» 

duty    of    commissioners    and    county    clerk    in    distributing -Jl.  2.vZ 

LEASE : 

for  school-house  site,  who  to  secure,  length  of,  etc 


132  INDEX. 


The  references  are  to  compiler's  sections. 
LEGISLATURE  : 

to   provide   for   free   schools 7 

agricultural  school    14 

libraries  to  be  provided  for  by 

certain  fines  to  be  applied  to 15 

LIABILITIES  : 

of  board  of  school  inspectors  for  neglect  to  report 146 

of   township   clerk    146 

of   county    clerk    147 

of  supervisor  in  regard  to  district  taxes 149 

of  district   officers   to   removal 150 

debts  and,  when  assumed  by  township  district 203 

of  parent  or  guardian  for  failure  to  send  child  to  school 217 

(See  Penalties.) 
LIBRARIAN  : 

township,   when  and  by  whom  appointed,   duties,  etc. 134 

LIBRARIES  : 

establishment  of 15 

penal  fines  to  be  applied  to  funds  for • 15,  140 

rules    for,    by    whom    made 19,  133 

funds  for,  expended  by  inspectors  to  be  accounted  for  to  township  board 74 

by   and   to   whom   paid 90 

provisions    relative    to .  . .  ^ 130,  142 

inspectors  to  apply  for,   funds 132 

books  for  township,  by  whom  purchased 132,  198 

care    of,    etc.,    who    to    have 133 

librarian  of  township,  by  whom  appointed,  duties,  etc . , J.34 

where   kept    134 

when  school  district  may  establish 135 

entitled   to   books   and   moneys 135 

township  inspectors  to  report  statistics  of : 137 

funds   for,    when   forfeited 138 

proviso    as    to    non-forfeiture 138 

Superintendent    of    Public    Instruction    to    furnish    statement    of    townships,    etc., 

entitled    to    139 

apportionment  of 139,  140 

tax  for  support  of,  how  levied,  collected,  etc 141 

district  board  may  sell  or  donate,  books  to  township 142 

school   officers   not   to   act   as   agents   for,    books 151 

to  whom  county  commissioner  of  schools  to  transmit  lists  of 305 

LIMIT   OF   INDEBTEDNESS  : 

(See   Bonds.) 
LIMIT  OP  TAXES: 

(See  Taxes.) 
MANAGEMENT  OP  SCHOOLS  : 

(See  District  Board;  also  Regulations.) 
MAPS  : 

of  townships  showing  boundaries  of  districts,   by  whom  made,  where  filed,  etc....  78 
MEETINGS  : 

joint,    of    school    inspectors    of    several    townships 27,  206 

when    school-house    used    for    public 57 

number    of,    board    of    inspectors    may    hold 75 

of  township  boards  in  cases  of  appeal 121-123 

for  election  of   school   examiners 176 

for  examination  of  teachers,    when   and   where   held 179,  ISO 

of   board   of   education 194 

of  board  of  trustees  of  rural  high  schools,  when  held,  etc ." .  .  .  297 

special,  by  whom  called 297 

(See   District   Meetings. ) 
MEMBERS : 

of  State  Board  of  Education 12 

of  district  board,  who  to  constitute ._ 49 

of  township  board  of  school  inspectors,  election,  meetings,  etc.,  of 70,  224 

who  to  be  treasurer  of 70 

number  of,  of  board  of  trustees  in  graded  school  districts 124,  192 

term   of   office 124 

of  board  of  county  school  examiners,  by  whom  appointed,  etc 176 

vacancy,    how   filled 176 

term   of  office 176 

MODERATOR : 

to  give  oath  to  challenged  voter 41 

chairman     at     district     meetings 43,  194 

election  of,   term  of  office,  etc 44 

appointment    of,    to    fill    vacancy 46 

acceptance  of  office,   where  filed 48 

to    be   member   of   district   board 49 

treasurer  and,  to  audit  and  pay  accounts  of  director 63 

and  director  to  approve  bond  of  treasurer 69 

penalty    for    neglect    to    perform    duties 144 

may  be  removed  by  township  board 150 

(See  District  Board.) 


INDEX.  133 


The  references  are  to  compiler's  sections. 
MONEYS : 

primary   school    fund,    what   to    constitute 5,  6 

when  withheld  from  certain  districts 8 

derived    from    penal    funds,    disposition    of 15. 40 

apportionment   of   by   Superintendent   of   Public   Instruction 20-22 

of  primary   school   interest  fund 20,  22,  80,  94 

of    districts    when    dividing,    how    apportioned f  .35,  36,  206 

surplus  of,  from  one-mill  tax,  how  apportioned 43 

districts    entitled    to    receive    primary    school    interest    fund , 43,73 

entitled    to    receive    certain 43,  73,  83 

when    board    may    borrow,    in    certain    cases 52 

primary  school  interest  fund,  to  be  used  only  for  teachers'  wages 54 

not  to  be  paid  teachers  not  having  certificate 54 

sectarian   schools   barred   from   public / 54 

district   board   to   apply   school,   according  to   law 54 

to   make   report  of,   at   annual   meeting 55,  202 

orders   for  certain,   by   whom   drawn  and   signed 64 

treasurer  to  keep  report  of     69 

disposition    of,    collected    on    bond    of 69 

collected  on  bond  of  chairman  of  board  of  inspectors,  how  applied 71 

not  to  be  appropriated  to  districts  employing  unqualified  teachers 

inspectors,   to   whom   to  render  account  of .,.  74 

apportionment  of,  to  districts  by  township  clerk 80,  81,  199 

raised  for  school  tax,   how  apportioned 

duties   of  township  treasurer  relative  to   collecting  school 82,  86,  91 

relative    to     paying 89,  91,  198 

accrued    from    one-mill    tax,    how    used . 83 

paid   by   old   districts   to   new,   how   applied 

school  to  be  paid  next  to  township  expenses 89 

payment    of,    to    fractional    districts 91 

county  treasurers  to  apply  for,   appropriated 94 

to   notify  township   clerk,   etc 94 

limitations   as   to   districts   borrowing 95 

when,   for  site  deposited   with   county  treasurer 113,  118 

school    inspectors    to    apply    for    library 132 

library,   when  forfeited    

proviso    as    to    non-forfeiture 138 

statement  of  townships  to  receive,  where  filed,  etc 139 

apportionment    of     140 

how  used    140 

apportionment  of,  collected  on  account  of  neglect  of  officers 148 

officers  illegally  using,  to  be  removed 

who  to  apply  for,  appropriated  for  primary  schools  and  libraries 198 

public,    definition    of    232 

to  be  kept  separate  from  other  funds 233,  286 

how  used    234 

interest    on,    what    to    constitute 235 

public  officer  not  to  receive  consideration  for  depositing 

act,   not  to  exempt  from  prosecutions  under  general   law 238 

penalty  for  illegal  payment  of 239 

disposition    of    insurance    257 

board  of  trustees  of  rural  high  schools  may  borrow 297 

(See  Taxes.) 
MONTH,    SCHOOL: 

of   what    to   consist 56 

MUSIC  TEACHER: 

act   to   define   qualifications   of 302-4 

NAME  : 

and   style   of   school   district 3" 

NEGLECT : 

penalty  for,  of  taxable  inhabitant  to  serve  and  return  notice 

of   district   officers   to   perform   duties 144,  li 

liability   of   inspectors   for,   to   report,   etc 

of    township    clerk 

of   county    clerk   for   not   transmitting   reports 

of  supervisor  and  township  clerk  in  regard  to  taxes 14» 

of  parent  or  guardian  to  send  child  to  school  a  misdemeanor *1T 

NON-RESIDENT :  ,Q 

when,   may  be  attached  to   district 

admission  of,  pupils,  tuition,  etc 

NORMAL    SCHOOL: 

(See    State    Normal    School.) 

NORMAL   SCHOOL  FUND:  05-0 

origin   of    ^o 

who  to  have  care  of 

NORTHERN    STATE    NORMAL    SCHOOL :  _ft 

act   to  establish -Go-«O 

'WO'PTi'^T*1  • 

superintendent   of  public   instruction   to   give,    of   apportionment   of   primary   school^  ^ 

duty  of  taxable'  inhabitant'  on'  receipt 'of',' of  'formation  of  district 

of   first   meeting   in   new   district — >»  a*j£ 

by  township  clerk  when  new  district  fails  to  organize 


134  INDEX. 


The  references  are  to  compiler's  sections. 
NOTICE — Continued  : 

of  meeting  of  inspectors  to  form  fractional  districts 

to  alter  boundaries 

of  special  meetings  of  district  board,  when  and  how  given 

of    district    meetings,    to    be    given    by    director 39,  64 

of    township    clerk    to    supervisors    of    school    taxes 79,  199 

who  to  give,  to  directors  of  moneys  to  be  appropriated 

of  apportionment  of  moneys  to  districts,  to  whom  given 81 

of  supervisor  and  treasurer  of  taxes  assessed 85-87 

treasurer  to  give,  of  money  in   his  possession 90,  201 

county    treasurer   to   give,    of    moneys   apportioned 94 

of   meeting   of   district    to    borrow    money 98 

in  proceedings  to  obtain  site,  how  given 109 

of  meeting  to  organize  as  graded   school   district 124 

of  township  board  of  proceedings  to  remove  officer 150 

teachers'  examinations,  how  given   179 

to   teacher   of   intention   to   revoke   certificate 182 

to  parent  or  guardian  of  non-attendance  of  child  at  school,  by  whom  given 217 

teachers'    associations,    of    formation    of,    how    given 229 

OATH  : 

deputy  superintendent  of  public  instruction  to  take 18 

tendered    to    challenged    voter    at    district    meeting 41 

false,   deemed  perjury 

to   be   taken   as   to   correctness   of   census    list 65 

of   juror   in   proceedings   to   obtain    site Ill 

of  office,  members  of  board  of  school  examiners  to  take 176,  177 

OFFICE  : 

term  of,  of  State  officers,  when  to  begin,  etc 2 

of   regents   of   University 9 

vacancy  in,  how  filled 9 

State  Board  of  Education 12 

of  district   officers    44,  1 24,  192 

acceptance   of,    to   be    filed 49,  125,  193 

removal    of   officers   from 1 50 

term   of,    of  board   of   school   examiners 176 

of    inspectors     226 

of  trustees  of  associations  establishing  loan  funds  for  students 274 

of   library    commissioners 278 

OFFICERS  : 

(See  Names  of  the  Several  Officers.) 
ONE-MILL    TAX: 

surplus    from,    how    applied 43 

assessment,    collection   and    disposition    of 83 

(See    Taxes.) 
ORDERS : 

on  treasurer  to  be  countersigned  by  moderator 63 

to  be  drawn  and  signed  by  director 64 

to  be  paid  from   proper  funds 69 

of   inspectors  on   township   treasurer   for   library   moneys 132,  198 

(See  Warrants;  also  Moneys.) 
ORGANIZATION  : 

formation,   etc.,   of  new   districts 24-29 

of    graded    school    district    124  1 2!) 

of  township  school  districts  in  upper  peninsula 191-206 

(See  School  Districts;  also  Township  Board  of  School  Inspectors.) 
PARENTS  AND   GUARDIANS  : 

entitled    to    vote    at    district    meetings 40 

required    to    send    children    to    school 215 

duties  of  truant  officers   relative   to 217 

liability    for    not    sending 217 

proceedings  against    220 

PENALTIES  AND  FORFEITURES: 

not  maintaining  three  months'  school 8 

district  for  not  maintaining  certain  length  of  school 43,  83,  198 

census   enumerators   for   making   false   returns .  66 

giving  false  information  to  census  enumerator 66 

damages   to    library   books 133 

taxable  inhabitant  for  neglect  of  duties  in  formation  of  district 143 

district  officers'  neglect  to  accept  office  or  perform  duties 144 

inspectors  for  neglect  of  duties,   etc 145 

for  not  making  reports,  etc 145 

township    clerk,    for    neglect    in    transmitting    reports 146 

county  clerk,  for  not  transmitting  reports 147 

moneys   collected   for,    how   applied 148 

supervisor  and  clerk's  neglect  regarding  taxes 149 

neglect  to  teach  prevention  of  diseases 165 

district  officers,   for  not  publishing  financial   statement 169 

not   purchasing  IT.    S.   flag 1 70 

parent  or  guardian  not  sending  children  to  school 217 

illegal    payment    of    public    moneys 239 

PERJURY : 

what    deemed    41 


INDEX.  135 


The  references  are  to  compiler's  sections. 

PHYSIOLOGY  AND   HYGIENE  :. 

to  be  taught  in  all  public  schools 58 

certificate   of   instruction   in,   where  filed,   etc 58 

penalty  for  failure  of  district  board  to  comply  with  statute 58 

district   board    to   adopt    text-books 

by   whom   approved,   etc 58,  153,  25G 

POLL  LIST  : 

to  be  kept  when  voting  on  issuance  of  bonds 95 

POOR    CHILDREN: 

to    be    furnished    with    text-books 59 

PRESIDENT  : 

of  University 11 

PRIMARY    SCHOOLS : 
(See  Schools.) 

PRIMARY    SCHOOL    INTEREST    FUND: 

constitutional    provisions    respecting 5,  6 

three  months'  school  to  be  maintained  to  secure 

apportionment    of     20 

proceedings  in  case  of  defective  returns  of 21 

when  deficiency  may  be  apportioned 22 

time   school    to   be   maintained   to   secure 43 

to   be   used   only   for  teachers'   wages 

how    apportioned    to    districts 80,  194 

county    clerk's    duties    relative    to 93 

county  treasurer's  duties  relative  to 94 

PROCEEDINGS : 

against   school    district 99-105 

to  obtain  school-house  site 106-20 

in    case    of    incumbrances 117 

upon   appeal   from   action   of   inspectors 121-3 

for    removal    of    officers 150 

PROPERTY : 

when    inspector    may    sell    district 

to  be  apportioned  on  division  of  district 35,  36 

when  sale  of  district,  may  be  directed  by  voters 

care    and     preservation    of    district 57,  126 

disposition    of,     in    forming    township    districts 203 

to    be    apportioned    on    division    of    township 206 

of  teachers'  associations 230 

PROSECUTIONS  : 

(See    Actions.    Proceedings,    Suits.) 

PUBLIC   INSTRUCTION  : 

(See   Superintendent   of   Public   Instruction.) 

PUBLIC    LIBRARIES: 
(See  Libraries.) 

PUBLIC    MEETINGS  : 

when  may  be  admitted  to  school-house 57 

PUBLIC  MONEYS: 

(See  Moneys.) 

PUBLICATION  : 

of  financial  statement  bv  school  board 168 

PURCHASE : 

who  to,  record  books  for  district 

of    site    for    school-house 51,  198 

who  to.   books  for  poor  children 

of  appendages  for  school-house 64 

of  books  for  library   132 

PUPILS  : 

when  may  be  suspended  or  expelled 60 

who   may   be 61 

classification    of    61.  126 

admission    of,    to    schools 61,   62,   126,   162 

tuition    of    non-resident 62 

admission  of.  to  Normal  school 248 

QUALIFICATIONS  : 

of   voters   at   district   meetings 40 

QUESTIONS  : 

of   examinations    for    teachers .  .  180 

REAL    ESTATE : 

board  of  trustees  of  rural  high  schools  may  hold 297 

RECORD : 

director    to    keep,     of    proceedings 25, 64 

director's,    to    be    evidence    of   organization    of   district 

who   to   keep,    of   acceptances   of   office 

who  to  provide,   books  for  proceedings  of  district  meetings 

of    report    of    taxes    to    annual    meeting 55, 202 

teacher    to    keep,    of    pupils 

where,  of  inspectors  to  be  kept 76.  11 

to  be  kept  of  consent  of  trustees   in  alteration  of  graded  school   district 

who  to  keep,  of  removals  from  office 

of  certificates  granted  to  teachers,   who  to  keep 

who  to  keep,  of  examinations  held  by  board  of  school  examiners 183 


136  INDEX. 


The  references  are  to  compiler's  sections. 

REGENTS : 

of    the    University,    how    elected,    etc 9, 10 

REGISTER  : 

of  school   to  be  kept  by  teacher 56 

REGULATIONS  : 

for    government    of    schools 60,  198 

at   elections   to  vote   on   issuance  of  bonds 

for   government,    etc.,   of   libraries 133 

REMOVAL : 

from    district    to    vacate    office 45 

of  school-house   from   leased   site 

of  officers   in   graded   school   district 

of  officers  by  township  board 150 

REPAIRS  : 

(See   School-houses.) 

REPORT : 

Superintendent  of  Public   Instruction   to   make   annual,   to   Governor 

district  board  to  make,  to  annual  meeting 55,  202 

directors  to   make   annual,    to   inspectors 67 

of    director,    where    filed 67, 76 

of  director,  to  whom  made  in  fractional  districts 68 

inspectors  to  make  to  county  clerks 72,  137,  197 

forfeiture  for  false,  of  director    73 

inspector  to   make,   to   township  board  of  finances 74,  202 

who   township   clerk   to,   to   of   taxes   to   be   assessed 79,199 

township  clerk  to  make  certain,  to  treasurer  and  director 81 

supervisor  to,  taxes  assessed  to  township  treasurer ' 86 

township  clerk's  duties   relative  to,   of   inspectors 93 

liability  of  officers  for  failure  to   make 146,  147 

to    whom    academies,    etc.,    to    make 171 

county  commissioner  of  schools  to  make 183 

chairman  of  board  of  school  inspectors  to  make 184 

State  Board  of  Education  to  make,  to  legislature 250 

publication,   etc.,   of,   of   Superintendent  of   Public   Instruction 289,   291,  292 

board  of  trustees  of  rural  high  schools  to  make  certain 297 

REQUEST : 

to    call    special    meetings 38,  196 

RESIDENTS  : 

notified    of    first    meeting    in    school    district 25 

qualifications  of,  to  vote  at  district  meetings 40 

ceasing    to    be,    vacates    office 45 

rights  of,  to  attend  school 61 

exceptions  of,  in  school  census 65 

RETURN : 

of  notice  of  first  meeting  on  organization  of  district.  .  25 

REVOCATION   OP   TEACHER'S    CERTIFICATE: 

by   board   of   school    examiners 182 

by  State  Board  of  Education ->4G    °47    255 

RULES : 

(See  Regulations.) 

RURAL  HIGH   SCHOOLS  : 

an    act    to    establish 294-301 

when  question  of,  submitted  to  electors 294 

board   of   trustees   of,    when   and   how   elected 296 

term   of   office 296 

duties    297 

SALE   OF  PROPERTY  : 

when,    made    by    inspectors 35 

to    be    directed    by    district 43 

when,  made  by  district  board 51 

SCHOLARS : 

(See  Pupils.) 

SCHOOL: 

to  be  free 7,  191 

to  be  maintained  at  least  three  months 8 

agricultural,   to   be   provided 14 

time  necessary  to  be  maintained 43,  83,  198 

who    to    fix    minimum    length    of    time    of 43,  198 

who  to  estimate  and  vote  taxes  for  support  of 52,  199 

not  to  be  sectarian 54 

register  of,  to  be  kept  by  teachers 56 

district    board    to    prescribe    text-books    for 58 

pupils   may   be   suspended   or   expelled   from 60 

penalty  for  disturbing 60 

district  board  to  establish  regulations  for 60,  198 

resident    pupils    admitted    to 61 

not  to  be  separated  on  account  of  race 61 

may  be  graded    61,  126 

admission    of    non-resident    pupils    to 62 

statistics  of,  to  be  reported  by  director 67 

visitation    and    examination    of 183 

when   ungraded,   to  be  established 218 

training,    in    connection    with    State   Normal 245 


INDEX.  137 


The  references  are  to  compiler's  sections. 

SCHOOL— Continued  : 

persons  desiring  to  teach,  with  whom  to  file  certificate 258 

who  to  publish  course  of  study,  etc.,  for  certain 289 

act  to  establish  rural  high 294-301 

board  of  trustees  of  rural  high,  to  visit 297 

SCHOOL  BOARD: 

(See  District  Board.) 

SCHOOL    BOOKS: 

(See   Text-books.) 

SCHOOL   CENSUS: 

time  of  taking,   not  to  be  changed 37 

when   and   how   taken 65 

SCHOOL    DISTRICTS: 

of  what  composed 24 

to  be  numbered  by  inspectors 24 

not  to  contain  more  than  nine  sections  of  land 24 

formation    of     24-9 

formation    of    fractional 27 

when  deemed  legally  organized 

corporate  powers  of 30 

name   and    style    of •  30 

when  consent  of  taxpayers  to  be  obtained  to  alteration  in 

when    persons    outside    may    be   attached 

alterations  to   be  reported   to  director 

division  of  property  in  forming  new,   from  old 35 

meetings   of,   when   held,   etc 37-43,  194 

may  borrow  money  in  certain  cases 52 

who  to  make  annual  report  of 55,  202 

who  to  appear  in  suits  for  or  against 69 

not  to  receive  moneys  when  hiring  unqualified  teachers 

maps  showing  boundaries  to  be  made 

moneys  to  be  apportioned  to 80,  81 

when  moneys  paid  by  old,  to  new 84 

levy  and  collection  of  taxes  in  fractional 

may  borrow  money  to  pay  indebtedness 

may   vote   to   pay   money   borrowed 98 

suits    and   judgments    against 99-105 

judgments  against  fractional 104 

appeal    from    inspectors'    action    in    forming,    etc 121-3 

what  districts  may  organize  as  graded 124,  128 

organization,  etc.,  of  graded 124-9 

change    of,    from    primary    to    graded * 129 

township  organization  of   191-206 

who  to  provide  course  of  study,  etc..  for 289 

SCHOOL    EXAMINERS: 

(See  County  Board  of   School  Examiners.) 

SCHOOL  FUNDS  : 

(See    Moneys.) 

SCHOOL-HOUSES  : 

when  certain  persons  not  liable  to  tax  for  building 

not    needed    may    be    sold 35,  43,  51 

building    committee    may    be    appointed 43 

district  to  vote  tax  for  appendages  to 43 

district  to  direct   the  procuring  of 43 

when   land   not   to   be   taxed   for  building 43 

tax    for    repairing    limited 43 

repairs   to,    who    to    make,    etc 

site    for,    to   be   purchased    or   leased 43,  51,  198 

tax  for   building,   limited 43, 18 

board  to  procure    51,  198 

district  board  to  have  care,  etc.,  of 

when   open   or   closed   for   public   meetings 

director   to   provide   appendages   to 

limitation  of  indebtedness  to  build 

bonds  may  be  issued  to  build 95 

SCHOOL-HOUSE    SITES: 

(See  Sites  for  School-houses.) 

SCHOOL    INSPECTORS: 

(See   Township   Board  of   School   Inspectors.) 

SCHOOL  LAWS: 

to   be  published    

SCHOOL    MONEYS: 

(See  Moneys.) 

SCHOOL    MONTH: 

of   what   to   consist °° 

SCHOOL   PROPERTY: 
(See  Property.) 

SCHOOL   TAXES: 

(See  Taxes.) 

SCHOOL  TEACHERS: 
(See   Teachers.) 

SCHOOL    YEAR: 

when   to    commence 

13 


138  INDEX. 


The  references  are  to  compiler's  sections. 

SECRETARY : 

of  board  of  trustees  of  rural  high  schools  to  make  certain  reports,  and  salary 298 

who  to  transmit  lists  of  public  libraries  to,  of  board  of  library  commissioners....  305 

SECTARIAN    SCHOOLS  : 

not  to  receive  public  moneys 54 

SHERIFF  : 

to    remove    respondent    from    school    property 115 

SITES    FOR    SCHOOL-HOUSES: 

when    not    needed    may   be    sold 35,  51 

notice  of  meeting  to  change 39 

voters  to  direct  procuring  of 43 

lease    or    purchase    of 43,  51,  198 

board    to     purchase     or     lease 51,  198 

issuance  of  bonds  for  purchase  of 95 

how  designated   106 

to  be  selected  by  a  two-thirds  vote : 106 

proceedings  to  obtain 106-20 

compensation    for,    how   determined    in   certain    cases Ill 

claims    against,    settled  '  by    circuit    judge 117 

SPECIAL    ELECTIONS: 

when  question  of  rural  high  schools  decided  at 294 

where    held    295 

form  of  ballots  used  at - 295 

SPECIAL   MEETINGS  : 


(See  District  Meetings.) 
B   BOARD   OF  EDUCATIO 


STATE  BOARD  OF  EDUCATION: 

constitutional   provisions  for 12 

to  grant  certificates  to  graduates  of  colleges 173 

may    refuse    to    accept    certain    diplomas 175 

to    be    a    body    politic 241 

powers  and  duties   of 241-63 

regarding    State    Normal    school 243-51 

members  of,  not  to  act  as  agent 244 

to  grant  diplomas  to  graduates  of  State  Normal  school 246,  247,  263 

to    make    report    to    legislature 250 

to    grant    State    certificates    to    teachers ' 255 

persons  desiring  to  tea-ch,  with  whom  to  file  certificates  approved  by 258 

powers   and  duties  regarding  Central   Michigan   Normal   school 259-Q1 

to  grant  certificates  for  elementary  and  rural  schools 263 

powers  and  duties  regarding  Northern   State   Normal   school 265-70 

STATE   BOARD  OF   HEALTH : 

to  furnish  data   regarding  communicable  diseases 164 

STATE   BOARD  OF  LIBRARY  COMMISSIONERS: 

appointment  and  term  of  office  of 278 

who    to    constitute 278 

vacancies   in,   how   filled 278 

reports  of,  to  whom  made,  etc 279 

duties    of     279,   280 

expenses   of,    limited    281 

fund    for    use    of , 282 

who  to  transmit  lists  of  public  libraries  to  secretary  of 305 

STATE    CERTIFICATES  : 

to   be   granted   to   graduates   of    certain    colleges 173 

when  granted  to  graduates  of  State  Normal  school 246,  247,  263 

when    granted    by    State    Board    of    Education 255 

STATE  INSTITUTIONS  : 

certain  to  be  under  supervision  of  Superintendent  of  Public  Instruction 17 

STATE  NORMAL  SCHOOL: 

to  be  under  care  of  State  Board  of  Education 12 

professional    instruction    in 243 

training   school    in 245 

diplomas  and  certificates  to  graduates  of 246,  247,   263 

an  act  to  change  the  name  of 264 

STATE   OFFICERS  : 

election  and  term  of  office  of 1-3 

STATE    TEACHERS'    INSTITUTE  : 

to   be   held   annually 213 

expenses   of,   how   paid 213 

STATEMENT  : 

board  of  trustees  of  rural  high  schools  to  publish  certain 297 

(See  Notices  and  Reports.) 

STATE   UNIVERSITY: 

diplomas   and    certificates    of   graduates 172 

STUDIES  : 

to    be    prescribed ~>8 

SUITS  : 

may  be  brought  for  or  against  district 30 

directions   given   by    meeting   in    regard    to 

treasurer  to  appear  for  district  in 69 

on    treasurer's    bond    69 

when  moderator  may  appear  in,  for  district 

on  bond  of  chairman  of  board  of  inspectors 71 

jurisdiction    of    justices    in 99 


INDEX.  139 


The  references  are  to  compiler's  sections. 

SUITS— Continued  : 

and    judgments    against    district 99-105 

summons    in,    served    on    treasurer 100 

not   brought   to   collect  judgment 101 

for    collection    of    fines,    etc 147,  150 

(See    Actions,    Judgments    and    Proceedings.) 

SUPERINTENDENT   OF    PUBLIC    INSTRUCTION  : 

where  office  of,   shall  be  kept 1 

election  and  term  of  office  of 1,  2 

vacancy  in  office  of,  how  filled 3 

duties   of    4 

to  be  a  member  and  secretary  of  State  Board  of  Education 12 

to  have  general  supervision  of  public  instruction 17 

make    annual    reports    to    legislature 17 

visit    State    institutions,    etc 17 

appoint    a    deputy    18 

publish  and  transmit  laws  and  forms  to  officers 19 

duties  relative  to  apportionment  of  primary  school  moneys 20,  22 

to  deliver  books,   etc.,   to   successor 23 

incorporated    academies   to    report    to 171 

forms  of  teachers'  certificates  to  be  prepared  by 180 

questions  for  examinations  of  teachers  to  be  prepared  by 180 

to  send  examination  questions  to  examining  officers 180 

prescribe  form  of  rules  for  boards  of  school  examiners 181 

annual  county  teachers'  institutes  to  be  held  by 209 

may    appoint    conductors    of    teachers'    institutes 210 

when,   may  draw  on   State  Treasurer  for  aid  to  teachers'   institutes 212 

expenses    for    State    institutes,    how    drawn    by 213 

may  prepare  certain   courses  of  study,   etc 289 

who     to     distribute     report     of 289 

to  prescribe  forms  for  publication  and  distribution  of  report 289,  291,  292 

to  approve  course  of  study  for  rural  high  schools 297 

board  of  trustees  of  rural  high  schools  to  make  certain  report  to 297 

endorsement    of,    of    certain    schools    required 302 

SUPERVISION  OF  SCHOOLS: 

(See  County  Board  of  School  Examiners,  Chairman  of  Board  of  Inspectors.) 

SUPERVISOR  : 

map    of    township    to    be    filed    with 78 

township    clerk    to    certify    taxes    to 79,  199 

to   assess   school   taxes    82,  199 

to    assess    one-mill    tax 83 

equalization    of   taxes    by 85 

certifying   and    levying    taxes    in   fractional    districts   by 85 

to  deliver  warrant  for  collection  of  taxes  to  township  treasurer 86 

to  assess  judgment  against  school  district 105 

liability    for    not    assessing    taxes 149 

(See  Taxes.) 

SURPLUS  OF  DOG  TAX: 

how  apportioned .  240 

SURPLUS  OF  SCHOOL  MONEY: 

how  may  be  appropriated 43 

SUSPENSION  : 

of  pupils  from  school 60 

of  teachers'  certificates   182 

TAXABLE    INHABITANTS  : 

duties   in   relation  to  formation  of  district 25 

penalty    for    neglect    of    duty 143 

TAXES : 

for    State    expenses 16 

specific,   how  applied '     16 

non-taxpayers   not   to   vote   on   question   involving 40 

for  repairs   to   school-house 43 

for  building  school-house  or  purchasing  site 43 

for    apparatus,    etc.,    for    school-house 

how  surplus  of  one-mill,  may  be  applied 43 

what    land    exempt   from,    for   building   school-house 43 

limit    of,    for    certain    purposes .  43,  199 

for    incidental    expenses    52 

limit   of,    for   support   of   school 52 

estimated     and     reported     by    district     board 52,  199 

report   of,    by    board   to   township    clerk 53 

moneys  raised  by,  not  to  be  diverted 54 

for  books  for  indigent  children 

assessed    on    division    of    district 79 

when    reported    to    supervisor 79,  199 

apportionment    of,    when    collected 

failing  to  be  assessed,  to  be  levied  the  next  year 

supervisor  to  assess 82,  83,  199 

assessment    of     82.  83.  i'o4 

duties  of  township  treasurer  relative  to  collection  of 82,  87 

assessment,   collection  and  disposition  of 

in   township   before   any   school   is   maintained 83 


140  INDEX. 


The  references  are  to  compiler's  sections. 

TAXES — Continued  : 

on   old  district  for  new 84 

certifying    of,    in    fractional    districts 85 

equalization    of     85 

warrant    for    collection    of 86 

apportionment   of,    when   district   is   divided 88,  206 

for  school  purposes  to  be  paid  next  to  township  expenses 89 

when   township   treasurer   to   pay   out   certain 91,  201 

may  be  raised  to  pay  borrowed  money 97 

judgments    against    districts 105 

for  support  of  libraries 141 

liability    of    supervisor    for    not    assessing 149 

school,   to   be   in   separate   column 200 

apportionment  of  surplus  dog 240 

TEACHERS : 

public  moneys  not  to  be  paid  to,  not  holding  certificates 54 

to    keep    school    register 56 

to   be  furnished   with   copy   of   contract 56 

contracts    with     56,  126 

employment  of 56,  126,  198 

to  file  certificate  of  instruction  in  physiology,  etc.,  with  director 58 

list  of,  to  be  examined  by  inspectors 73 

not  to  act  as  agent  for  school  books,   etc 151 

qualifications    of     161 

to  give  instruction  regarding  prevention  of  communicable  diseases 164 

faculty  of  University  to  grant  certain,   certificates 172 

revocation  or  suspension  of  certificates 172,  182,  246,  247,  255 

who   to   give,    certificates   to   graduates   of   certain    colleges 173-5 

examination  of,  by  county  board  of  school  examiners 179,  180 

certificates  given  to,  by  county  board  of  school  examiners 180 

grades    of,    certificates    181 

records  of,   certificates  to  be  kept * 183 

list  of,  to  be  furnished   township  clerk 183 

fees,  to  pay  on  obtaining  certificates 207 

may  close  school  to  attend  institutes 210 

certificates  given  to  certain  pupils  of  State  Normal  school 246,  247,  263 

State  Board   of  Education   to  grant   certain,    certificates 255 

examination  of,   by   State  Board  of  Education 255 

with    whom    to    file    certain    certificates 258 

employment    of,    in   day    schools   for    the   deaf 287 

who  to  appoint,   for  rural  high  schools 297 

act    to    define    qualifications    of    certain 302-4 

TEACHERS'    ASSOCIATIONS  : 

formation   and   incorporation  of 229-31 

TEACHERS'   INSTITUTES  : 

funds    for    support    of,    how    raised 207,  208 

annual,   to  be  held  in  each  county 209 

counties    may    be    united    in • 209 

teachers  may  close  school  to  attend 210 

conductor  of,  may  be  appointed 210 

expenses    of,    how    paid 211 

State   Treasurer   to    aid 212 

State,  to  be  held  'annually 213 

expenses  of,  how  paid 213 

expense    vouchers    for,    where    filed 214 

who    may    publish    outlines    for. . . .  289 

TERM   OP   OFFICE  : 

of  State  officers 2 

regents   of   the   University 9 

members  of  State  Board  of  Education 12 

district  officers    44,  124,  192 

members  of  board  of  school  examiners 176 

township  officers    192,  226 

board   of   trustees   of  rural   high   schools 296 

TEXT-BOOKS  : 

by   whom   prescribed    58 

on   physiology,    etc.,   by   whom   approved 58  256 

to  be   furnished   to   indigent   children 59 

district   board   to   purchase,    when   authorized 153,  154 

district  to   vote  on   question   of  furnishing '  154 

when  to  be  property  of  district 154 

when    proposals   for,    advertised 155 

who  to  make  contract  for  furnishing ....'.!.  155 

who  to  estimate  amount  necessary  to  purchase 156 

when  district   board  to  purchase 157 

penalty  for  failure  of  district  board  to  comply  with  law.  .  158 

TOWNSHIP    BOARD: 

to  allow  accounts  of  inspectors 74 

duties  of,  in  case  of  appeal  from  inspectors'  action 121-3 

may    remove    certain   officers 150 

when,  may  submit  question  of  rural  high  schools  to  electors 294 


INDEX.  141 


The  references  are  to  compiler's  sections. 

TOWNSHIP   BOARD    OP    SCHOOL    INSPECTORS: 

abstracts    of   reports    of 17 

may  divide  township  into  school  districts 24 

school  districts  to  be  numbered  by 24 

may    alter    boundaries    of    districts 24, 32 

clerk  of.  to  notify  taxable  inhabitant  of  formation  of  district 25 

duties  of,  in  forming  fractional  districts 27 

notice  and  number  of  meetings 31,75,  196 

may  attach  certain  non-residents  to  districts 33 

clerk   of,   to   notify   directors  of  alteration   in   districts 34 

to  determine  tax  on  division  of  district 35 

when   may   sell   school-house   site 35 

to   apportion   property   on   division   of  district ». 35,  36.  206 

when   may   appoint   district   officers 46,  125 

director   to    report    to 67 

who  to  be  chairman  and  clerk  of 70 

who  to  constitute   70, 197 

chairman  to  be  treasurer  of,  and  give  bond 71 

reports  of,  to  be  made  in  triplicate 72 

to  whom  township  clerk  to  transmit  reports  of 72 

to  examine  list  of  teachers  before  reporting  to  county  clerk 73 

facts  relative  to  employment  of  unqualified  teachers  to  be  certified  by 

to  account  to  township  board   for  funds  received   and  disbursed 74 

records    of,    where    kept 76 

library   money   subject   to   order   of 89,  198 

on   determining  site,   to  ceptify  to  directors 106 

when  to  determine  school-house  site 106,  198 

appeal  from  action  of,  to  township  board 121-3 

restricted   in  altering  boundaries  of  graded  school  districts 127 

duties   of,   concerning   libraries 130-42 

to   purchase   books   for   township   library 132, 198 

to   apply    for    library    moneys 132,  198 

to  have  care  of  township  library 133 

penalty  for  neglect  to  qualify  or  perform  duties 145 

liability   for   neglect   to   report 146 

members  of,  may  be  removed  by  township  board 

examination  of  reports  of,  by  county  commissioner  of  schools 183 

compensation  of    228 

TOWNSHIP    CLERK: 

notice  of  formation  of  new  district  to  be  given  by 25,  26,  191 

to  give  notice  of  meeting  of  inspectors 

to   notify   director   of   alteration   in   district 

to  be  member  of  board  of  inspectors 70,  76,  194 

bond  of  chairman  of  board  of  inspectors  to  be  approved  and  filed  by 

may  bring  suit  against 

to  forward  inspectors'   report  to  county  commissioner  of  schools 

to    receive    and    dispose    of    communications 76 

proceedings  of  board  of  inspectors  to  be  recorded  by 76 

duties    of,    as    inspector : 76,  194 

records,  reports,   books,  etc.,   to  be  kept  on  file  by 76,  202 

to  notify  county  clerk  of  name,  etc..  of  chairman  of  board  of  inspectors 

map  of  township  to  be  filed  by,  with  supervisor 

to    report    taxes    to    supervisor 79.  199 

to     apportion     moneys    to    district 80, 81 

to  give  notice  to  director  of  moneys  apportioned 

bond    of    appellants    from    inspectors    to    be    approved    by 122 

not  to  act  on  township  board  in  case  of  appeal  from  inspectors 123 

liability    for    neglect    in    transmitting    reports 146 

liability    for    not    reporting    taxes    to    supervisor 

order  for  removal   of  officers  to  be   recorded   by 150 

list    of    teachers    to    be    furnished    to 183, 202 

election    of     224 

compensation   of    

to    draw    books    for    township    officers 292 

to  be  clerk  of  board  of  trustees  of  rural  high  schools 296 

TOWNSHIP    SCHOOL    INSPECTORS: 

(See     Township     Board     of     School     Inspectors.) 

TOWNSHIP   DISTRICT  : 

organization   of    191-206 

officers    of,    board     

time  and  place  of  meeting  of,  board 194,  !£ 

board,   duties  of    

amount  of  tax  voted  for 

report  of,   board    202 

disposition    of    property 

compensation  of,  board 

division  of 206 

TOWNSHIP  LIBRARIES  : 
(See  Libraries.) 


142  INDEX. 


The  references  are  to  compiler's  sections. 

TOWNSHIP   TREASURER  : 

warrants    on,    by    whom    signed 63,  64 

to   draw   warrant   for   collection   of   taxes 86,  87 

duties    relative    to    taxes    in    fractional    districts 87,  91 

to  pay  school  taxes  next  to  township  expenses 

to  hofd  moneys  subject  to  proper  orders  and  warrants 89,  198 

to  apply   to   county   treasurer  for  moneys 90 

to   give    notice    of    moneys    to    township    clerk 90,  91 

library  moneys  to  be  paid  by,  to  inspectors 132,  194.  198 

to    recover    penalties,    etc.,    from    certain    officers 146,  148 

election    of     224 

to  be  treasurer  of  board  of  trustees  of  rural  high  schools 296 

TRAINING    SCHOOL  : 

in    connection    with    State    Normal    school 245 

TREASURER,    COUNTY  : 

(See  County  Treasurer.) 

TREASURER   OF   BOARD   OF   SCHOOL   INSPECTORS  : 
(See   Chairman   of   Board   of   School   Inspectors.) 

TREASURER   OF   DISTRICT: 

acceptance    of    office    , 48,  125 

to    be    member   of   district    board 49 

when  and  how,   may  be  removed 50 

and   moderator   to   audit   director's   accounts 64 

warrants    on    township    treasurer    payable    to 64 

to  make  certain  report  to  district  board 69 

to  pay  orders  legally  drawn,  from  proper  fund 69 

to   keep   certain   records 69 

bond    required    of     69 

to   appear   for   district   in    suits 69 

money  paid  to,  from  old  district 84 

to  be  member  of  board  of  inspection  at  election  to  vote  bonds 95 

summons  to  be  served  on,  in  suits  against  district 100 

to    certify    judgment    against    district    to    supervisor.  .' 102-4 

penalty    for    neglecting    duties 144 

may   collect   damages   from   certain   officers 149 

(See  District  Board,  and  Moneys.) 

TREASURER,   TOWNSHIP  : 

(See    Township    Treasurer.) 

TRIAL  : 

(See  Action,    Proceedings   and   Suits.) 

TRUANTS : 

ungraded   schools   to   be   provided   for 218 

who    deemed    219,  221 

to    be    tried    by    justice    or    recorder 220,  222 

when  sent  to  reformatory   institutions 222 

TRUANT   OFFICERS: 

how   appointed    216 

to    enforce    compulsory    education    laws 217 

duty  of,  to  examine  into  cases  of  truancy 217 

to   warn  truants  and   their  parents   or  guardians 217 

to   make   complaint   in   truancy   cases 220 

TRUSTEES : 

(See   Board    of    Trustees.) 

TUITION  : 

of   non-resident    pupils    62 

may  be  charged  for  studies  in  high  schools 126 

UNGRADED    SCHOOLS: 

may  be  established  in  graded  school  districts 218 

juvenile  disorderly  persons  to  be   sent   to 219 

UNIFORMITY  : 

of    Normal    school    courses 262 

UNION  SCHOOL  DISTRICT  : 

(See  Graded   School  District.) 

UNITED  STATES  FLAG: 

purchase  of   170 

UNIVERSITY  : 

constitutional   provisions   relative  to 9.  11 

diplomas    and    certificates    to   graduates 172 

VACANCY : 

in  State  offices,  how  filled 

office  of  regent  of  University,  how  filled 9 

how   filled   in   district   offices 45,  46 

in  board  of  trustees  of  graded  school  district 125 

how  filled   in  board  of  school  examiners 176 

in  office  of  county  commissioner  of  schools 187 

in  board  of  trustees  of  township  school  district 195 

in  board  of  library  commissioners 278 

(See  Appointment.) 

VENIRE  : 

in  proceedings  to   obtain   site 108,  110- 


INDEX.  143 


The  references  are  to  compiler's  sections. 

VISITATION: 

and    examination    of    schools 183,  198 

VOTERS : 

who    are    qualified 40 

challenge  of 41 

(See   District   Meetings.) 

VOUCHERS : 

for    expenditures    by    treasurer 69 

for  accounts  of  inspectors 74 

for  payments  at  teachers'  institutes • 214 

WARRANTS : 

on  State  Treasurer  for  primary  school  interest  fund 20 

on    township    treasurer    63,  64,  89.  194 

to   township   treasurer   for   collection   of   taxes 86,  87 

WATER    SUPPLY: 

district    board    to    furnish 57 

WITNESSES  : 

in  proceedings  to  obtain  site Ill 

WOMEN : 

qualified   as   voters   at   district    meeting 

eligible    to    election    as    district    officers 47 

YEAR,     SCHOOL : 

when    to    commence 37 


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